Decree No. 454 / 2008 Coll.

Decree amending Decree No. 541 / 2005 Coll., on the Rules of the Electricity Market, the principles of pricing for the activities of the electricity market operator and the implementation of certain other provisions of the Energy Act, as amended

Valid Order Effective from 01.01.2009
454
DECLARATION
of 16 December 2008
amending Decree No 541 / 2005 Coll., on the Rules of the Electricity Market, the principles of pricing the activities of the electricity market operator and the implementation of certain other provisions of the Energy Act, as amended
Pursuant to Article 98 (7) 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 by Act No. 670 / 2004 Coll., and pursuant to Article II (18) of Act No. 670 / 2004 Coll., amending Act No. 458 / 2000 Coll., on the Conditions of Entrepreneurship and on the Enforcement of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, to implement Sections 17 (7) (e), (h) and (k) and Article 27 (7) of the Energy Act:
Čl. I
Decree No 541 / 2005 Coll., on the Rules of the Electricity Market, the principles of pricing for the activities of the electricity market operator and the implementation of certain other provisions of the Energy Act, as amended by Decree No 552 / 2006 Coll. and Decree No 365 / 2007 Coll., are amended as follows:
1. in Paragraph 2 (1), the word "explicit" shall be inserted at the beginning of point (a).
2. In Article 2 (1) (l), the words "to which settlement entities participate 'are deleted.
3. in Article 2 (1) (w) and (x), the words "in whole MWh" shall be deleted;
4. In Paragraph 2 (2), the words "or market operator in the case of the organisation of the day-ahead market electricity market in the form of market coupling together for the market area of the Czech Republic and the surrounding market area 'shall be added at the end of the text in point (d).
5. In Article 2, at the end of paragraph 2, the dot is replaced by a comma and the following points (l) to (o) are added:
"(l) implicit auctions - a market-based allocation of cross-border transmission capacities in which, on the basis of the price offers of traded electricity to the participants in the auction, the published marketable transmission capacity is allocated and its allocation gives the auction participant a commitment to supply and purchase electricity;
(m) market coupling - the way in which organised day-ahead electricity markets operated by market operators on the basis of an implicit auction, resulting in the determination of the flow and quantity of electricity between market areas, the price of electricity and the traded amount of electricity on each organised day-ahead market and the extent of transmission capacity allocated through an implicit auction;
(n) market operator - market operator and day-ahead electricity market operators in neighbouring countries;
(o) the market area - the territory within which the market operator organises the day-ahead electricity market normally within one electricity system defined in relation to other areas by capacity shortages in the transmission system or in interconnected transmission systems, usually cross-border transmission profiles. ';
6. Paragraph 4 (4) is deleted.
Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.
7. In Article 5 (1) (c), the words "or from one adjacent transmission system to another adjacent transmission system 'are deleted.
8. In Article 5 (1) (c), the words "or market operator 'shall be inserted after the words" derogations'.
9. Paragraph 5 (17) is deleted.
Paragraph 18 shall become paragraph 17.
10.Paragraph 5 (17) reads:
"(17) The distribution system operator shall charge the price determined by the Authority's pricing decision for non-compliance with the performance factor values. ';
11. The following Section 5a is inserted after Section 5:
„§ 5a
Test operation
(1) The transmission of electricity or the distribution of electricity in test operations shall be the transmission of electricity or the distribution of electricity for the verification of technical parameters, operational values and demonstration of the operability of a newly installed or reconstructed demand facility of a customer whose demand facility is connected to a voltage level of 1 kV or higher.
(2) The applicant shall submit to the transmission system operator or the relevant distribution system at least 30 calendar days before the requested start date of transmission or distribution of electricity in the test operation, for each transfer or demand point separately. The elements of the application for the provision of electricity transmission or distribution in test operations are set out in Annexes 1a and 2a to this Decree.
(3) The transmission or distribution system operator shall initiate the transmission or distribution of electricity in test operations to the customer at the earliest on the date indicated in the application and end on the date indicated in the application, but not later than the last day of the third calendar month following the month in which the transmission or distribution of electricity began.
(4) In assessing and invoicing in trial operations, the transmission or distribution system operator in accordance with Section 5 (8) shall proceed mutatis mutandis.
(5) The payment for the transmission of electricity and the payment for the distribution of electricity in test operations consists of a payment using networks and a payment for the maximum measured value of quarter-hour electricity at the customer's collection or transfer point during each calendar month in which the transmission or distribution of electricity in test operations was provided. The maximum measured value of the quarter-hour electrical power cannot be higher than the value of the reserved power consumption agreed in the connection contract.
(6) In the event that the transmission or distribution of electricity in the test operation is to continue by transmission or distribution of electricity, the applicant may request the allocation of the reserved capacity during the test operation no later than 1 working day before the end of the transfer or distribution of electricity in the test operation.
(7) Where the customer requests a test operation within the defined territory of the local distribution system operator and the estimated power input of the demand facility in the test operation is greater than 20% of the agreed power input of the local distribution system, the distribution system operator to which the local distribution system is connected shall, upon request, provide the local distribution system operator with the distribution of electricity in the test operation to the extent requested by the client. ';
12. in Paragraph 6 (2):
"(2) The cross-border trade in electricity shall take place within a maximum of the transmission capacity reserved on the basis of the results of explicit auctions, the capacity obtained by transferring the reserved cross-border transmission capacity from another natural or legal person, on the basis of an implicit auction or using the exchange of electricity within the trading day. ';
13. in Article 6, paragraph 3 is deleted;
14. in Paragraph 9 (1), "13.00" is replaced by "13.30";
15. In Paragraph 10, the following paragraph 2 is inserted after paragraph 1:
"(2) An organised day-to-day electricity market may be jointly implemented for the Czech Republic and the surrounding market area, in the form of market coupling, if the transmission system operators and market operators so agree."
Paragraphs 2 to 7 shall be renumbered paragraphs 3 to 8.
16. In Section 10, at the end of paragraph 8, the words "the Czech Republic or the foreign electricity system in the case of the organisation of the day-ahead market electricity market in the form of market coupling together for the market area of the Czech Republic and the surrounding market area 'are added.
17. in Article 10a (3) and (5), "13.00" is replaced by "13.30."
18. in Paragraph 10a (5) (b), the words "in CZK / MWh" are deleted.
19. in Paragraph 10a, the following paragraph 7 is added:
"(7) In the course of day-to-day trade on the block market, the market operator shall publish information on the day-to-day trading by trade block. Immediately following the closure of the block market for a given trading block, the market operator shall publish in a way that allows remote access to the quantity of electricity from executed trade in the block market and weighted averages of electricity prices traded in individual trading blocks. ';
20. Paragraph 11 (1) to (3) reads as follows:
"(1) The daily market is organised by the market operator in cooperation with the day-ahead electricity market operator in the surrounding market area on the market coupling principle.
(2) A participant in an organised short-term market may submit offers and demand to the daily market every day until the day preceding the business day. On the basis of the offers and requests received, the daily market results shall be determined for each business hour, broken down by:
(a) the resulting transmission of electricity to or from abroad in the case of market coupling;
(b) the resulting price of electricity on the daily market,
(c) the quantities of electricity traded.
(3) The market operator will enter into the information system data on the contracted amounts of electricity of individual clearing entities in the market area of the Czech Republic after individual business hours. The agreed deliveries and withdrawals for a given business hours for the market area in the Czech Republic include the market operator in the assessment and settlement system. "
21. In the first sentence of Paragraph 11 (4), the words "Before 13.00 on the day preceding the business day" shall be replaced by the words "After determining the results of the daily market."
22. In the second sentence of Article 11 (4), the words "These information are 'are replaced by the words" This information includes'.
23. in Article 11 (4) (b):
"(b) the price achieved from the daily market."
24. in Article 11 (5), the words "By 13.30 on the day preceding the trading day, the market operator shall be published" shall be replaced by the words "After notification of the daily market results to individual participants by the market operator."
25. in Article 12 (1), "16.00" is replaced by "15.00";
26. in Paragraph 12 (2), "2" is replaced by "1,5."
27. In Article 12, the following paragraph 5 is added:
"(5) Within 13.30 hours of the day following the business day, the market operator shall publish the quantity of electricity from the underlying transactions and the weighted average price on the intraday market in question. ';
28. In Paragraph 13 (2), the words "his total daily payment for the previous business period in CZK and also" are replaced by the words "the following information for the previous business period."
29. in Paragraph 13 (2) (b), the words "in CZK / MWh" are deleted.
30. In Paragraph 13 (2) (c), the words "in CZK" are deleted.
31. in Paragraph 13 (3):
"(3) For the daily market the prices reached are stated in €/ MWh and payments for the agreed electricity or the agreed electricity supply in €, for other markets in CZK / MWh and CZK."
32. In Article 15 (1), the second sentence is replaced by the following: "The offer of support services may be made by a natural or legal person who fulfils the conditions for providing the support services laid down by the transmission system operator."
33.In Paragraph 18 (1) (e):
"(e) transfers of electricity to and from abroad by individual clearing entities, market operators and foreign natural or legal persons; the actual values are considered to be agreed values; the values of the transmission of electricity to the market operator do not enter into the special clearing and financial settlement arrangements for derogations referred to in Article 26; ';
34. In Article 18 (4), the third and fourth sentences are replaced by the following: "In the event that a market operator does not receive the values referred to in paragraph 3, it shall use the last known actual value of the monthly collection and the monthly supply of electricity at transmission points between the different regions of the type diagrams or local distribution systems equipped with type C measurements to settle the deviations. If no actual values or actual values are stored in the market operator's system or do not relate to the full month, the market operator shall use zero to settle the deviations. ';
35. In Paragraph 19, the sentence "If the distribution system operator does not pass the energy distribution in kWh to the operator of the market for the quantity before and after the change in price, the market operator shall determine the energy distribution using the type diagrams. 'is added at the end of paragraph 16.
36. in Paragraph 26 (4):
"(4) In the special settlement regime for the evaluation and settlement of derogations, the contracted quantities of electricity for the obligation to supply electricity to the electricity system and the contracted quantities of electricity for the obligation to withdraw electricity from the electricity system of the settlement entities, including the electricity provided by the transmission system operator pursuant to paragraphs 24 (2) and (7), shall be equal to zero, excluding the resulting flow between different market areas in the organised day-ahead electricity market. ';
37. In Article 26, the following paragraph 15 is added:
"(15) The market operator shall allocate the claims and obligations arising from the difference in income and expenditure of the settlement of the resulting flow between each market area achieved in the organised day-ahead electricity market to each entity in proportion to their actual value of deliveries and withdrawals. ';
38. In Paragraph 27, the following sentence is added at the end of paragraph 1: "The template for the statement of payment for system services is set out in Annex 5a to this Decree. The report shall be transmitted by the electricity producer, with the exception of renewable electricity producers. ';
39. In the second sentence of Paragraph 29 (1), the word "in particular 'shall be inserted after the word" contains'.
40. in Article 29 (1) (a) to (c):
'(a) statistics on hourly electricity prices and payments for traded quantities of electricity on the day-ahead and intraday markets and statistics on electricity prices and payments for traded quantities of electricity on the block market for Monday to Sunday;
(b) the evolution of the average daily electricity price from the daily market;
(c) the quantity of electricity traded from the block market, the day market and the intraday market, ';
41. in Paragraph 29 (1), the comma shall be replaced by a dot at the end of point (g) and point (h) shall be deleted;
42. In Paragraph 30, the sentence "If the registration number has not been allocated at the sampling or transmission point, the transmission or distribution system operator shall ensure that it is allocated without delay 'is added at the end of paragraph 8.
43. In Paragraph 30, at the end of the text of paragraph 12, the words "or, if at the latest two working days before the dates referred to in paragraph 11, the market operator has received a request from the market operator to cancel the change of supplier request submitted by the original supplier with the consent of the electricity market participant in the form of a change of supplier '.
44. In Article 30 (15), the sentences of the second and third paragraphs are replaced by the following: "The registration of changes to the supplier is fully abolished in the market operator's information system of all individual transfers of the sampling or transfer point to those suppliers whose delivery periods are affected by the allocation of the sampling or transfer point to the new supplier. The market operator shall immediately notify all suppliers concerned of the change to the supplier with the effective date of the change referred to in paragraph 17 by a change in the allocation of the sampling or transfer point concerned, as well as the clearing entity which has assumed responsibility for the sampling point. ';
45. in Paragraph 30 (18), the sentence after the third sentence is inserted: "The value data of the distribution system operator shall not be sent to the market operator if the previous supplier is part of a vertically integrated business operator of which the distribution system operator is part and the demand point is newly registered in the market operator's system."
46. in Paragraph 31 (5) (c), the words "if the previous supplier was not part of a vertically integrated operator of which the distribution system operator is part," shall be inserted after the word "data."
47. In Paragraph 32 (2), the first sentence is replaced by the following: "Part of the billing of the supply or distribution of electricity to the final customer who draws electricity from the voltage level of low voltage, the current value of the main circuit breaker before the electrometer, the quantity of electricity supplied or distributed, the initial and final state of the electrometer during the reporting period, the state of the electrometer at 31 December of the calendar year, and the method of determining the final state of the electrometer at 31 December of the calendar year."
48. In Article 32, the following paragraphs 8 and 9 are inserted after paragraph 7:
"(8) The distribution system operator shall publish information on the planned restriction or interruption of the distribution of electricity in a way that allows remote access for 15 days prior to the planned restriction or interruption of the distribution of electricity. The information published shall include in particular:
(a) the address-specific location to be affected by the planned restriction or interruption of electricity distribution;
(b) the date and time of commencement and termination of the planned restriction or interruption of the distribution of electricity at the sampling or transfer points concerned.
(9) The distribution system operator shall, upon request to a market participant, send information on the planned restriction or interruption of the distribution of electricity at a voltage level of very high and high voltage. The information shall include in particular:
(a) the registration numbers of the sampling or transfer points to be affected by the planned restriction or interruption of the distribution of electricity;
(b) the date and time of commencement and termination of the planned restriction or interruption of the distribution of electricity at the sampling or transfer points concerned. ';
Paragraphs 8 and 9 shall be renumbered paragraphs 10 and 11.
49. In Article 32 (10), the words "which have a framework agreement pursuant to Article 5 (4) 'are deleted.
50. In Paragraph 34, the following sentence is added at the end of paragraph 3: "The transmission or distribution system operator shall perform the interruption of the supply of electricity within the time limit specified in the request for interruption of the supply of electricity. If, in the case of demand points of final customers connected to a low voltage level for reasons of special consideration, it is not possible to perform the interruption of the electricity supply within the requested time limit, the distribution system operator shall perform the interruption of the electricity supply no later than 3 working days after the date specified in the request. ';
51. In Article 34 (5), the words "and, where the electricity supply is interrupted, dismantling of the measuring equipment shall be inserted after the word" location. "
52. Paragraph 34 (8) reads as follows:
"(8) Where a contract for the supply of electricity or a contract for the distribution of electricity is concluded for more than one sampling or transfer point, the interruption of the supply of electricity at any sampling or transfer point may be carried out only if it is not possible to determine which of the sampling or transfer points is or has been the subject of unauthorised collection or distribution. ';
53. the following Annex 1a is inserted after Annex No 1:

"Annex No 1a to Decree No 541 / 2005 Coll.
Requirements for the application for the provision of electricity transmission in test operations

Část A

- details of the applicant
1. Business firm - if a natural person does not have a business name, state his surname and, where applicable, name, non-registered legal person
2. Purpose of collection
3. Subject matter of business
4. Residence - only filled in by legal person broken down by: State, county, municipality with postal code, street and descriptive number
5. Person or persons who are a statutory authority - only a legal person - surname, name, or names, if any, and date of birth of all members of that body
6. Basic information - to be completed only by a natural person - surname, first name or, where applicable, name, date of birth
7. Address of place of permanent residence or place of residence or place of business - only a natural person, broken down by: State, region, municipality with postal code, street and descriptive number
8. Connection - telephone, fax or email
9. Address for delivery to your own hands: surname, first name and, where applicable, names, title, address
10. Identification number if assigned
11. Tax identification number if allocated

Část B

- technical information
Required date and time of supply of electricity in test operations
Declaration on the correctness and veracity of those data. ';
54. The following Annex 2a is inserted after Annex 2:

"Annex No 2a to Decree No 541 / 2005 Coll.
Requirements for the application for the provision of electricity distribution in test operations

Část A

- details of the applicant
1. Business firm - if a natural person does not have a business name, state his surname and, where applicable, name, non-registered legal person
2. Purpose of collection
3. Subject matter of business
4. Residence - only filled in by legal person broken down by: State, county, municipality with postal code, street and descriptive number
5. Person or persons who are a statutory authority - only a legal person - surname, name, or names, if any, and date of birth of all members of that body
6. Basic information - to be completed only by a natural person - surname, first name or, where applicable, name, date of birth
7. Address of place of permanent residence or place of residence or place of business - only a natural person, broken down by: State, region, municipality with postal code, street and descriptive number
8. Connection - telephone, fax or email
9. Address for delivery to your own hands: surname, first name and, where applicable, names, title, address
10. Identification number if assigned
11. Tax identification number if allocated
12. Bank connection and account number

Část B

- technical information
1. Required term and duration of distribution
2. Estimated quantity of electricity withdrawn per month
3. Required distribution rate
Declaration on the correctness and veracity of those data.
Consent of the applicant with the text of the distribution contract published by the distribution system operator in a way that allows remote access. ';
55. Annex 5 (1) and (2) read:
"(1) The price of positive regulatory energy or electricity supplied from abroad pursuant to § 24 (2) is:
(a) for the supply of electricity pursuant to Article 24 (2) (a) and (c), equal to the supply price of positive regulatory energy delivered on blocks providing support services or provided from abroad ("activated positive regulatory energy");
(b) for the supply of electricity pursuant to § 24 (2) (b) is equal to:
1. higher prices: the bid price agreed on the balancing market or the weighted average of the prices of the activated positive regulatory energy, if the system deviation is negative at a given trading hour,
2. the bidding price, if the system deviation is positive in a given trading hour.
(2) The price of the negative regulatory energy or electricity supplied by the transmission system operator from abroad pursuant to Paragraph 24 (2) is:
(a) for the supply of electricity pursuant to Article 24 (2) (a) and (c), equal to the offer price of negative regulatory energy supplied on blocks providing support services or provided from abroad ("activated negative regulatory energy");
(b) for the supply of electricity pursuant to § 24 (2) (b) is equal to:
1. lower prices: the offer price agreed on the balancing market or the weighted average of the prices of the activated negative regulatory energy, if the system deviation is positive at a given trading hour,
2. the bidding price, if the system deviation is negative in a given trading hour. ';
56. the following Annex 5a is inserted after Annex 5:

"Annex No 5a to Decree No 541 / 2005 Coll.

Čl. II
Efficacy
This Decree shall take effect on 1 January 2009, with the exception of Article I (48), which shall take effect on 1 January 2010.
Chairman:
Ing. Fiøt v. r.

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Regulation Information

CitationDecree No. 454 / 2008 Coll., amending Decree No. 541 / 2005 Coll., on the Rules of the Electricity Market, the principles for pricing the activities of the electricity market operator and the implementation of certain other provisions of the Energy Act, as amended
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation29.12.2008
Effective from01.01.2009
Effective until-
Status Valid
The regulation text is for informational purposes only.
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