Act No. 458 / 2000 Coll.
Act on the Terms and Conditions of Business and on the Enforcement of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act)
Valid
Law
Effective from 01.01.2001
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
§ 3a
§ 3b
§ 3c
§ 3d
§ 3e
§ 4
§ 5
§ 5a
§ 6
§ 7
§ 7a
§ 8
§ 9
§ 10
§ 10a
§ 10b
§ 10c
§ 10d
§ 10e
§ 11
§ 11a
§ 11b
§ 11c
§ 11ca
§ 11cb
§ 11cc
§ 11d
§ 11e
§ 11ea
§ 11f
§ 11g
§ 11h
§ 11i
§ 11j
§ 11k
§ 11l
§ 11m
§ 11n
§ 11o
§ 11p
§ 11q
§ 11r
§ 11s
§ 11t
§ 11u
§ 11v
§ 11w
§ 11x
§ 12
§ 12a
§ 12b
§ 12c
§ 12d
§ 12e
§ 13
§ 14
§ 15a
§ 15b
§ 16
§ 16a
§ 16b
§ 17
§ 17b
§ 17c
§ 17d
§ 17e
§ 17f
§ 17g
§ 17h
§ 17i
§ 17j
§ 17k
§ 18
§ 18a
§ 18b
§ 19a
§ 19b
§ 19c
§ 19ca
§ 19d
§ 19e
§ 19f
§ 19g
§ 20
§ 20a
§ 20b
§ 20c
§ 20d
§ 20e
§ 20f
§ 20g
§ 20h
§ 20i
HLAVA II
Díl 1
§ 22
§ 23
§ 23a
§ 24
§ 24a
§ 25
§ 25a
§ 25b
§ 26
§ 26a
§ 27
§ 27a
§ 27b
§ 27c
§ 27ca
§ 27d
§ 27e
§ 27f
§ 28
§ 29
§ 29a
§ 29b
§ 29c
§ 29d
§ 30
§ 30a
§ 30b
§ 30c
§ 30d
§ 30e
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 43
§ 45
§ 46
§ 47
§ 48
§ 49
§ 49a
§ 50
§ 51
§ 52
§ 53
§ 54
Díl 2
§ 56
§ 57
§ 58
§ 58a
§ 58b
§ 58c
§ 58d
§ 58e
§ 58f
§ 58g
§ 58h
§ 58i
§ 58j
§ 58k
§ 58l
§ 58m
§ 58n
§ 58o
§ 58p
§ 58q
§ 59
§ 59a
§ 60
§ 60a
§ 60b
§ 60c
§ 60d
§ 60e
§ 61
§ 61a
§ 62
§ 64
§ 65
§ 66
§ 67
§ 67a
§ 68
§ 69
§ 70
§ 71
§ 72
§ 72a
§ 73
§ 73a
§ 73b
§ 73c
§ 73d
§ 73e
§ 73f
§ 73g
§ 73h
§ 74
Díl 3
§ 76
§ 77
§ 78
§ 79
§ 86
§ 87
§ 88
§ 89
HLAVA TŘETÍ
§ 90
§ 91
§ 91a
§ 91b
§ 91c
§ 91ca
§ 91d
HLAVA IV
Díl 1
§ 92
§ 93
§ 94
§ 95
§ 95a
§ 95b
§ 95c
§ 95d
§ 95e
§ 95f
Díl 2
§ 95g
§ 95h
§ 95i
§ 95j
§ 95k
HLAVA PÁTÁ
§ 96
§ 96a
§ 96b
§ 96ba
§ 96bb
§ 96c
§ 96d
§ 96e
§ 97
§ 97a
§ 97aa
§ 97b
§ 98
§ 98a
§ 99
ČÁST DRUHÁ
§ 100
ČÁST ČTVRTÁ
§ 102
ČÁST ŠESTÁ
§ 104
Zobrazeno prvních 200 z celkem 4098 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
458
THE LAW
of 28 November 2000
on the terms and conditions of business and the exercise of state administration in the energy sector and on the amendment of certain laws (Energy Act)
Parliament has decided on this law of the Czech Republic:
CONDITIONS OF ENTERPRISE AND PERFORMANCE OF STATE MANAGEMENT IN ENERGY SECTORS
GENERAL PART
Subject matter
This law incorporates the relevant European Union1 provisions and regulates, following the directly applicable European Union1a regulations, the conditions of business and the pursuit of state administration in the energy sectors of electricity, gas and heating, as well as the rights and obligations of natural and legal persons associated therewith.
Definition of terms
(1) For the purposes of this Act:
(a) the defined territory of the territory in which the holder of the licence for the distribution of electricity, gas distribution or heat distribution carries out the licensed activity;
(b) control of the possibility of exercising, on the basis of legal or factual facts, a decisive influence on the activities of another person, in particular on the basis of:
1. the right of ownership or the right of use for the commercial establishment of the controlled person or part thereof; or
2. rights or other legal elements which give decisive influence to the composition, vote and decision-making of the bodies of the person checked;
(c) protected information in any form which has the character of a commercial secret or other legally protected information or information of a commercial, technical or financial nature obtained in the performance of the activity of a licence holder which is not publicly available;
(d) an undertaking within a group which has the right to control another undertaking or which is controlled by another undertaking;
(e) an energy strategic element or system of critical infrastructure elements in the energysector (57) in the field of electricity, natural gas or central heat supply;
(f) an effective level of control over the energy strategic total
1. the ability of the entity to dispose of its ownership or co-ownership rights to an energy strategic whole;
2. the ability of the entity to dispose of ownership or co-ownership rights for a part of an energy strategic entity without which the entity would not have been able to perform its function or, if not for that part, that capability of an energy strategic entity would have deteriorated;
3. the possibility of exercising the disposition rights of an energy strategic entity; or
4. another way of influencing an energy strategic entity or other rights to it, resulting in the entity's ability to gain access to information, systems or technologies related to an energy strategic entity, which are important in terms of energy security of the Czech Republic or internal or public order in relation to an energy strategic entity;
(g) an effective level of control over a company with an effective level of control over an energy strategic total
1. the ability of the entity, directly or indirectly, to dispose of at least 10% of the voting rights or the contribution of at least 10% of the capital or to exercise an adequate influence in a company with an effective degree of control over the energy strategic overall; the shares or deposits of persons who are subject to a single procedure with that entity and the shares of persons who are in agreement with that body are also included in that share or contribution,
2. the membership of an entity or a person close to it in a company body with an effective degree of control over an energy strategic total; or
3. another way of influencing companies with an effective level of control over an energy strategic total, resulting in the entity's ability to gain access to information, systems or technologies related to an energy strategic total, which are important in terms of protecting the energy security of the Czech Republic or internal or public order in relation to an energy strategic total;
h) influence over energy strategic total
1. the effective level of control over the energy strategic total; or
2. an effective level of control over a company with an effective level of control over an energy strategic overall;
(i) by acquiring influence over an energy strategic total such a transfer or transfer of rights as a result of which the acquirer of such rights has acquired the ability to exercise influence over an energy strategic total;
(j) the dynamic pricing method for determining the price for the supply of electricity or gas by changing over the duration of the contract obligation, depending on changes in electricity or gas prices in short-term electricity or gas markets, at intervals corresponding to at least the business period of settlement on those markets;
(k) a percentage of the quantity of electricity or gas supplied by the trader contracted at a fixed price or variable price, in connection with the financial settlement of the trader, by the percentage of the quantity of electricity or gas supplied by the trader in connection with the financial settlement of the fixed price for the period of the following 36 months for the consumer and the trading natural person, to the expected quantity of electricity or gas to be delivered to those customers during that period to whom the electricity or gas trader supplies the electricity or gas under the fixed price contract for the supply of electricity or gas after the agreed duration of the contract;
(l) a contract with a fixed price for the supply of electricity or gas, a contract in which the price of electricity or gas is agreed on an exact amount for the time-limit for the supply of electricity or gas, either with the validity of either one price for the whole of the agreed period of supply of electricity or gas, or with a different price agreed for the sub-negotiated periods of the period of supply of electricity or gas, unless the electricity or gas trader is authorised to change the price unilaterally for that period or otherwise.
(2) Furthermore, for the purposes of this Act:
(a) in electricity
1. an interconnected set of lines and equipment with a voltage of 110 kV, with the exception of selected lines and devices with a voltage of 110 kV, and lines and devices with a voltage of 0,4 / 0,23 kV, 1,5 kV, 3 kV, 6 kV, 10 kV, 22 kV, 25 kV or 35 kV operated by a power distribution licence holder and used to ensure the distribution of electricity in the defined territory of the Czech Republic, including power storage facilities, if fully integrated system elements, and systems of measurement, protection, control, signalling, information and telecommunications technology including electrical connections owned by the distribution system operator; the distribution system is established and operated in the public interest,
2. an electrical connection to a device which starts by diverting from the switching elements or connectors in and outside the power station from the transmission or distribution system lines and is intended to be connected to a demand facility;
3. by an electrical station, a set of structures and installations of the electricity system which allows the transformation, compensation, conversion or transmission and distribution of electricity, including the means necessary to ensure their operation;
4. the electricity system interconnected set of facilities for production, transmission, transformation, storage and distribution of electricity, including electrical connections, direct lines, and systems of measurement, protection, control, signalling, information and telecommunications technology, in the Czech Republic,
5. measuring equipment all equipment for measuring, transferring and processing the measured values;
6. the point of collection, the place connected to the transmission or distribution system, and where one customer's demand facility is installed, including the measuring transformers to which electricity is supplied,
7. by a derogation, the sum of the differences between actual and agreed supplies or electricity withdrawals over a given period of time,
8. system service support services provided by the transmission system operator to provide system services that include power balancing services and non-frequency support services, or non-frequency support services provided by the distribution system operator, and which are not used to control congestion in the transmission or distribution system;
9. non-frequency service support services provided by the transmission system operator or distribution system operator to control steady state voltage, supply of reactive current, ensuring the inertia of the transmission system or distribution system, control of short-circuit current, start from dark or ensure the island operation of the transmission system or distribution system,
10. direct power lines connecting the power plant, which is not connected to the transmission system or distribution system, and the point of electricity collection which is not electrically connected to the transmission system or distribution system, or the power lines providing direct supply of the electricity producer's own plants, its controlled companies or customers, and not owned by the transmission system operator or distribution system operator;
11. transmission system interconnected set of lines and devices 400 kV, 220 kV and selected lines and devices 110 kV, listed in the Annex to the Transmission System Operation Regulations, for the purpose of ensuring the transmission of electricity for the whole territory of the Czech Republic and interconnections with the electricity systems of neighbouring States, including systems of measurement, protection, control, signalling, information and telecommunications technology and power storage facilities, if it is a fully integrated element of the system; the transmission system is established and operated in the public interest,
12. clearing entity the natural or legal person for which the market operator carries out the evaluation, clearing and settlement of derogations under the derogation settlement contract;
13. system services of the transmission system operator's activities to ensure the reliable operation of the electricity system with regard to the operation within the interconnected electricity systems;
14. supply type diagram showing the annual consumption of electricity for the customer used for the assessment of deviations,
15. a vertically integrated entrepreneur, a licence holder or a group of licence holders for the transmission of electricity, distribution of electricity, trade in electricity, storage of electricity or the production of electricity, over which the same person is authorised, directly or indirectly, to exercise control, and of which at least 1 licence holder carries out electricity or electricity transmission activities and at least 1 licence holder carries out electricity production, electricity storage or electricity trading activities;
16. the electricity market of any market for electricity trading or support services involving trading in short-term organised markets or trading in any other than short-term time periods, including exchange and over-the-counter markets for electricity trading, as well as the regulatory performance market where a capacity mechanism is in place,
17. A customer who purchases electricity for his own final use at the point of collection;
18. Power generation equipment for the conversion of different forms of energy into electricity, including all necessary equipment,
19. An electricity-related transmission system service or distribution system service;
20. a transmission system service providing electricity, system services and services related to ensuring the reliable and secure operation of the transmission system;
21. Electricity distribution and security-related distribution system service;
22. point of connection of the point of connection in the transmission system or distribution system, where the sampling point, the electricity production plant, the electricity storage facility or the distribution system is connected, directly, via the electrical connection, the common home installation or via the electrical connection and the common home installation,
23. The point of transmission and receipt of electricity between the transmission system or distribution system and the point of demand, production electricity, storage facilities or distribution system through one or more points of connection at one voltage level of one system operator or the point of transmission and receipt of electricity between the transmission system and the foreign transmission system, one or more points of connection at one voltage level, of one system operator, shall be considered a separate point of transmission;
24. regional distribution system distribution system, which is directly connected to the transmission system,
25. Flexibility for a controlled change in the supply of electricity to or from a transmission system or distribution system over a certain period of time compared to the agreed or anticipated course of supply of electricity in response to changes in electricity prices in the electricity market or demand for such a controlled change in the supply of electricity,
26. the aggregation activity in which the aggregate brings together the flexibility provided by the electricity market participants at the transmission points to offer flexibility on the electricity market or to manage the derogation,
27. the storage of energy in the electricity system by delaying the end-use of electricity to a later moment than the electricity produced, or the conversion of electricity into such a form of energy that can be stored, the storage of such energy and the subsequent re-conversion of such energy to electricity or use as another energy carrier;
28. energy storage equipment for energy storage equipment, including all necessary equipment;
29. Power storage facilities of energy storage facilities which allow the end-use of electricity to be postponed to a later time than the generation of electricity, or the conversion of electricity into such a form of energy that can be stored, the storage of such energy and the subsequent re-conversion of stored energy into electricity, at one or more transmission points of one demand point, electricity generation plant or energy storage facility; a power station is not a storage facility;
30. Additional measuring equipment for measuring equipment located behind the measurement equipment of a transmission system operator or distribution system operator measuring the generation of electricity, supply or supply of electricity to one or more power generation plants, electricity storage facilities or one or more other electrical installations;
31. smart measuring equipment with an electronic system, through which the measurement of electricity supply and consumption takes place, provides more information than measuring equipment without continuous measurement or measuring equipment with a flow measurement capability without two-way communication and allows the transmission and receipt of data for information, monitoring and control of measured data in a specified electronic communication format;
32. A fully integrated component of a system of electricity storage facilities or other functionally similar devices owned or operated by a transmission system operator or distribution system operator that is operational or functionally interconnected with other devices constituting a transmission or distribution system and which serve solely for the compensation of reactive power, transmission of a signal of mass remote control, voltage stabilization, provision of a transmission system or distribution system in emergency or emergency situations, power supply of measuring, protection, control, automation, security, information and telecommunications technology, power supply of switching elements of the transmission system or distribution system, lighting or signalling equipment of the transmission system or distribution system,
33. Interoperable ability of smart measuring equipment to exchange and use data with other energy or communication systems, equipment, applications or elements to use its functionalities;
34. the starting diagram of the supply or collection of electricity, the diagram used to take into account the activation of the flexibility, which characterises the flow of supply or electricity without activation of the flexibility at the sampling point or the transmission point of the electricity plant or the storage facility where flexibility is provided;
(b) gas
1. an interconnected distribution system of high-pressure, medium-pressure and low-pressure pipelines, gas connections and gas pipelines owned by the distribution system operator and related technological objects, including a system of control and signalling equipment and equipment for the transfer of information for computer and information systems activities not directly linked to compression stations and on which the gas distribution is provided by the gas licence holder; the distribution system is established and operated in the public interest,
2. the main gas closure cap of the sampling gas plant which separates the sampling gas plant from the gas pipeline connection;
3. measuring equipment all equipment for measuring, transferring and processing the measured values;
4. the sampling point of the place where the sampling gas installation of one customer to which the gas supply measured by the measuring device is carried out is installed;
5. gas sampling devices, all devices starting with the main gas closure, including end-use gas equipment; is not a measuring device;
6. by derogation from the difference between actual and agreed deliveries, gas withdrawals for the whole business day,
7. the gas system interconnected set of facilities for the production, transport, distribution and storage of gas, including a system of control and signalling equipment and equipment for the transfer of information for computer and information systems for the operation of such facilities,
8. gas equipment for gas production, transmission system, distribution system, gas storage, pipeline and direct pipeline,
9. natural gas, biomethane, synthetic methane, hydrogen, mixtures of these gases, and, where appropriate, other types of gases, if they are not used for the propulsion of motor vehicles and for their transport, distribution or storage, gas system equipment is used;
10th pipeline for pipeline transport of gas by transmission, distribution and direct and mining pipelines,
11. a gas pipeline connection to a device starting with a divergence from the distribution system pipeline and ending before the main gas closure; This device serves for connecting the gas sampling device,
12. gas equipment gas installations, gas pipelines not owned by the distribution system operator, demand gas installations, liquefied gas storage tanks, gas stations, filling plants, liquefaction and evaporation stations,
13th gas container of underground, above ground gas equipment, including related technological objects and system of control and signalling equipment and equipment for the transfer of information for the activities of computing and information systems, used for storage of gas in gaseous, liquid form directly linked to the gas system of the Czech Republic, with a foreign gas system; the gas storage tank is established and operated in the public interest;
14. transmission system interconnected set of high-pressure gas pipelines and compression stations and related technological objects, including control and signalling equipment and equipment for the transmission of information for computer and information systems activities, linked to gas systems abroad, on which the gas licence holder operates; the transport system is established and operated in the public interest,
15. by direct pipeline, a pipeline which is not part of the transmission system, a distribution system and which is additionally set up for the supply of gas to the customer and serves only for the customer's own needs;
16. a decisive source of gas by a state on whose territory more than 50% of the total annual gas consumption in the Czech Republic has been extracted,
17. the joint gas collection facility of the gas collection facility in the owner's property through which the gas is supplied to customers in that property,
18. A clearing entity shall be the natural, legal person for which the market operator carries out the evaluation, clearing and settlement of derogations under the derogation contract,
19. Technical rule the rule expressing the state of technical knowledge and technology in the gas sector,
20. Gas pipeline connecting gas to the transmission system, distribution system, other gas pipeline; the mining pipeline is established and operated in the public interest,
21. Pressure level of maximum operating pressure for gas installations specified in technical standards, technical rules,
22. supply type diagram showing the annual flow of gas consumption of customers whose sampling points are not equipped with continuous measurements used to evaluate consumption,
23. Vertically integrated natural gas undertakings, the licence holder, the group of gas licence holders, the distribution of gas, the storage of gas, the trade in gas, the production of gas for which the same person is authorised, shall be entitled, directly, indirectly, to exercise control, and of which at least 1 licence holder carries out gas transport, gas distribution, gas storage and at least 1 licence holder carries out gas production, gas trade,
24. free capacity of the difference between the technical capacity of the transmission system, distribution system, gas storage tank, production pipeline and the sum of all contracted capacity over a given period of time, respecting the contractual pressures and capacities necessary for the relevant licence holder to ensure the safety and reliability of the operation of the relevant gas installation;
25. By the customer, the person who purchases the gas for his own end use at the sampling point;
26. the production gas of the gas plant, the gas extraction plant, the liquefied natural gas terminal, including the construction part and the necessary ancillary facilities where the holder of the gas production licence operates; the gas plant is established and operated in the public interest;
27. related gas transport service or distribution system service,
28. gas transmission service providing gas transmission by the transmission system, including activities related to ensuring the reliable and secure operation of the transmission system,
29. gas distribution system distribution service by the distribution system, including activities related to ensuring the reliable and secure operation of the distribution system;
30. Storage service for gas storage by the gas storage operator in the gas storage tank operated by it,
31. international assistance in gas crisis situations in the situation in which the Czech Republic adopts solidarity measures pursuant to Article 13 of Regulation (EU) 2017 / 1938 of the European Parliament and of the Council;
32. storage year, the period of time beginning on 1 April and ending on 31 March of the following calendar year,
33. Service of the cross-border use of the gas storage device, use of the gas storage device to transfer gas between the Czech gas system and the foreign gas system; this is not considered to be the transport of gas,
34. Gas day, period from 06: 00: 00 on the calendar day until 06: 00 on the following calendar day,
35. storage capacity of the operating volume of the part or whole gas storage tank, determined in m3 or in energy units, the extracting or pumping capacity of the gas storage tank in energy units / day or the extracting or pumping curve of the gas storage tank in energy units / day,
36. adjustment of the gas composition by changing the gas composition in order to meet the requirements for the technical readiness of the relevant part of the gas system, carried out in the transmission system operator's gas plant, distribution system operator, gas storage tank operator or gas manufacturer;
37. Intelligent measuring equipment measuring equipment with an electronic system, through which the measurement of gas supply and consumption takes place and provides more information than measuring equipment without continuous measurement or measuring equipment with a flow measurement capability without two-way communication and enables the transmission and receipt of data for information, monitoring and checking of measured data in a specified electronic communication format,
38. hydrogen transmission system interconnected set of high-pressure hydrogen gas pipelines for the transport of high-purity hydrogen, which includes interconnecting pipelines with hydrogen systems abroad and which is connected to hydrogen storage facilities, hydrogen terminals or which serves to transport hydrogen to hydrogen storage facilities or hydrogen terminals, and which, where appropriate, allows the supply of hydrogen to the sampling points directly connected to these high-pressure gas pipelines; the hydrogen transmission system is established and operated in the public interest,
39. hydrogen of high purity gas with a hydrogen content exceeding 98% and meeting the specified qualitative requirements;
(c) heating
1. by a thermal energy distributor, a person who has the right of ownership or use to a heating distribution installation which transmits or transforms heat energy and supplies it to another natural or legal person for further use;
2. the supplier of the heat energy of the manufacturer or the distributor of the heat energy which supplies heat energy to another person,
3. by the supply of heat energy, the supply of heat or cold energy for further use by another natural or legal person; the supply of heat energy for further use is made in the public interest,
4. by the customer, the person who purchases the heat energy for its final use and collects the purchased heat energy by means of a sampling heat device which is directly connected to the distribution heat equipment or heat energy source;
5. by the thermal energy distributor or the customer,
6. by taking heat energy from the producer or distributor of heat energy for final consumption or further use,
7. the point of collection, instead of the place of supply laid down in the heat energy supply contract, in which heat energy passes from the ownership of the heat energy supplier to the ownership of the heat energy buyer;
8. heat collection equipment of equipment connected to a heat energy source or to a heating distribution device and intended for heat energy collection and consumption of heat energy in an object or part thereof;
9. the distribution of heat energy by transport, accumulation, conversion of the heat carrier or its parameters, and the supply of heat energy by the heating device;
10. transmission station equipment for the conversion of heat energy parameters for the needs of one or more objects; the transfer station is a separate item and is not part of the building in which it is located;
11. heat distribution equipment of heat energy transport equipment consisting of heat networks, transmission stations and heat connections; the transmission station or thermal connection is part of the distribution heat equipment, where the thermal energy distributor has a right of ownership or use; part of the heating distribution system is associated with control, signalling and data transmission systems;
12. building or construction connected by a common heat collection installation;
13. heat energy source of equipment, including necessary auxiliary equipment and building blocks, in which the use of fuels or other forms of energy is obtained from the heat energy transmitted to the heat carrier;
14th system of heat supply of the system consisting of interconnected or heat energy sources and heating distribution equipment for heating, cooling, hot water heating and technological processes, when operated on the basis of a heat energy production licence and a heat distribution licence; the thermal energy supply system is established and operated in the public interest;
15. thermal connection of the part of the heat network which allows the supply of heat energy for only one object.
Entrepreneurship in the energy sector
(1) Entrepreneurship in the energy sector is the production of electricity, the transmission of electricity, the distribution of electricity, the storage of electricity in the electricity storage facility, the trade in electricity, the aggregation, the activities of the market operator, the activity of the Electricity Data Centre (hereinafter referred to as the "Data Centre '), the production of gas, the transport of gas, the storage of gas and the trade in gas, the production of heat energy and the distribution of heat energy and the intermediary activity in the energy sector.
(2) Electricity transmission, gas transport, hydrogen transport of high degree of purity, electricity distribution, electricity generation in a power generation plant with a total installed electricity output of 100 MW or more with the possibility to provide support services to ensure the operation of the electricity system, electricity generation in a renewable energy generation plant with a total installed electricity generation capacity of 100 kW or more, electricity generation, thermal energy or hydrogen in a building for energy security pursuant to the Energy Production Act on Accelerating Construction of a strategically significant infrastructure, electricity generation in a low-carbon electricity generation plant with a total installed electricity output of 1 MW or more, gas distribution, gas generation, gas production, gas operation, production of the production of the gas pipeline, generation of heat and heat power generation are made in the public interest; the generation of electricity in a water power plant with a total installed electricity output of 0,015 MW or more is also in the public interest. The buildings used for the activities referred to in the first sentence and related buildings are established and operated in the public interest. For the establishment and operation of a transmission system construction, transmission system, hydrogen transmission system, distribution system, power plant with a total installed electricity output of 100 MW or more with the possibility to provide support services to ensure the operation of the electricity system, energy security building pursuant to the Act on the Acceleration of Construction of a strategically significant Infrastructure, Gas Stocks, Gas Pipeline, Gas Production Plant with a power output of over 1 MW connected to the gas system, Power Supply Plant or Heat Energy Sources connected to a Power Plant, or for the establishment and operation of a building can be withdrawn or limited to property property or construction under other legislation4e); This does not apply to energy security buildings under Section 1 (5) (d) of the Act on the Acceleration of Construction of a strategically significant Infrastructure, as far as the buildings of power generation are not of a total installed electricity output of 100 MW or more with the possibility of providing support services to ensure the operation of the electricity system.
(3) Under the conditions laid down by this Act, persons may engage in energy industries within the Czech Republic only on the basis of a licence granted by the Energy Regulatory Authority. The activity of the aggregation requires a licence to trade in electricity. The holder of a gas licence shall be entitled to transport gas except hydrogen of a high degree of purity. Licences are always required for:
(a) electricity generation in a power plant with an installed power output of more than 100 kW connected to a transmission or distribution system;
(b) the generation of electricity at a power plant connected to a transmission system or distribution system, provided that another power plant is connected at the same sampling point;
(c) the storage of electricity in a power storage facility with an installed power output exceeding 100 kW linked to a transmission or distribution system;
(d) the storage of electricity in a electricity storage facility connected to a transmission system or distribution system where another electricity storage facility is connected at the same sampling point;
(e) the production of electricity where the electricity produced is supported under the Act on Supported Energy Sources.
(4) Licences shall not be granted for:
(a) trade, production, distribution and storage of coke oven gas, clean, degaussing and generator gas, propane, butane and their mixtures, except for distribution by pipeline systems to which more than 50 sampling points are attached;
(b) the production of heat energy intended for one customer's object;
(c) the use of electricity when operating a recharging station under the Fuel Act;
(d) the pursuit of intermediary activities in the energy sector;
(e) the generation of electricity at the power plant with an installed power of up to and including 100 kW, except in the cases referred to in paragraph 3 (b) or (e), where the production is intended to be taken at the point of transmission of the power plant or for free sharing of electricity.
(5) The holder of a power-generating licence shall be entitled to store electricity in a power storage facility connected to the transmission or distribution system through a power-generating facility for which a power-generating facility is licensed to operate if the total installed power of one or more connected power storage facilities is not more than 1,2 times the installed power of the power-generating facility to which they are connected.
(6) Natural and legal persons engaged in the business of filling propane, butane and their mixtures in propane-butane bottles are required to ensure that pressure tests are carried out regularly, control and repair of their own bottles. It shall be prohibited to fill propane, butane and their mixtures in bottles with non-compliant periodic testing or in bottles not complying with the technical requirements for bottles intended for filling propane, butane and mixtures thereof in accordance with the specific legislation25.
(7) Intermediate activities in the energy sector may only be carried out by persons on the basis of an authorisation for the activity of an intermediary in the energy sector (hereinafter referred to as the "intermediary ') granted by the Energy Regulatory Authority. This shall be without prejudice to the right of the licence holder to act as a representative of the customer when a change or cancellation of an obligation under a contract for the supply of electricity or gas or a contract for a combined supply of electricity or gas is authorised by the customer.
(8) Intermediate activities in the energy sector are activities carried out for the benefit of the licence holder, the consumer, the commercial natural person receiving electricity from the low voltage level or the undertaking natural person with annual gas consumption up to 630 MWh, consisting of:
(a) the provision of an opportunity to conclude, amend or terminate a contract for the supply of electricity or gas or a contract for the combined supply of electricity or gas between the licence holder and the customer referred to in this paragraph; or
(b) the contract referred to in (a); or
(c) the implementation of preparatory meetings and work towards the activities referred to in points (a) and (b).
(9) Intermediate activities in the energy sector are not a one-off free-of-charge act of an agent acting outside the scope of the business, the purpose of which is to conclude, modify or terminate a contract for the supply of electricity or gas or a contract for the combined supply of electricity or gas on the basis of a power of attorney.
Consent to the acquisition of influence over the energy strategic total
(1) The Ministry of Industry and Trade (hereinafter referred to as the Ministry) decides to grant consent to the acquisition of influence over the energy strategic overall. The acquisition of influence over an energy strategic total without the consent of the Ministry is prohibited. The Czech Republic may call for the nullity of the legal action that has taken place to influence the energy strategic overall without the consent of the Ministry.
(2) The request for consent to the acquisition of influence over the energy strategic total is made by a person who is interested in obtaining influence over the energy strategic total electronically via a data box.
(3) The Ministry will issue a decision on the application no later than 60 days after the initiation of the procedure.
(4) If the Ministry does not issue a decision within the time limit referred to in paragraph 3, the expiry of that period shall mean that the Ministry has given its consent to acquire influence over the energy strategic overall.
Request for consent to acquire influence over an energy strategic total
(1) In addition to the general requirements laid down in the Administrative Rules, the application for consent to the acquisition of influence over an energy-strategic total natural person must include:
(a) a trading firm, where the applicant is registered, and the identification number of the person (hereinafter referred to as "identification number"), if assigned;
(b) information on products or services and business and business activities, including information on selected economic indicators of the applicant, and, where appropriate, on sectoral regulation and, where necessary, on specific legal regulation governing the applicant's business in the country of residence, on the basis of which he has received in that country a licence for business in the field where such authorisation is necessary in that country;
(c) the list of States in which the applicant carries out business activities, including information on branches and establishments in those States;
(d) sources of funding for the acquisition of influence over the energy strategic total.
(2) In addition to the general requirements laid down in the Administrative Regulation, the request to consent to the acquisition of influence over an energy-strategic total legal person must include:
(a) the company or name, registered office, identification number, if any, and the law under which the legal person of the applicant was established;
(b) the name and surname, the address of the place of residence and, where appropriate, the place of residence, telephone number, e-mail address and date and place of birth of members of the statutory and supervisory bodies of the legal person or other bodies of the management of the legal person;
(c) details of the responsible representative;
(d) information on the ownership structure of the applicant, including information on the final owner and on who controls the applicant, the amount of their share and changes in that fact over the last year; such information may also be supported by an extract from the Commercial Register if the extract contains the listing of the information;
(e) information on products or services and business and business activities, including information on selected economic indicators of the applicant, as well as, where appropriate, on sectoral regulation and specific legal regulation governing the applicant's business in the country of registered office, on the basis of which he has received in that country a licence for business in the field where such authorisation is necessary in that country;
(f) the list of States in which the applicant carries out business activities, including information on subsidiaries and branches in those States;
(g) sources of financing for the acquisition of influence over the energy strategic total.
(3) The application referred to in paragraphs 1 and 2 shall be accompanied by an indication of:
(a) a business firm or name, registered office, identification number, if any, and the law under which a company with an effective degree of control over the energy strategic overall was established;
(b) data relating to the responsible representative of the company with an effective level of control over the energy strategic overall;
(c) information on the company's ownership structure with an effective degree of control over the energy strategic total, including information on who controls the company with an effective level of control over the energy strategic total and its share;
(d) a list of States in which a company with an effective degree of control over an energy strategic total carries out business activities, including information on subsidiaries and branches in those States;
(e) the direct or indirect share of the applicant in the company's ownership and voting rights with an effective degree of control over the energy strategic total or the corresponding influence before and after the transfer takes place, including information on the shares of persons subject to the single procedure and persons acting in agreement.
(4) Where necessary for the examination of an application, the Ministry may request from the applicant further information and supporting documents not referred to in paragraphs 1, 2 and 3.
Assessment of the application
(1) The Ministry will reject the request for approval of the acquisition of influence over the energy strategic total if the acquisition of influence over the energy strategic total which is the subject of the request would jeopardise the energy security of the Czech Republic, in particular by endangering
(a) security of supply of electricity, gas or heat in the Czech Republic;
(b) the security of the energy strategic unit;
(c) access to immovable property necessary to ensure the functionality of an energy strategic unit;
d) the safety of information or technology that is important in terms of energy security of the Czech Republic.
(2) If the application is incomplete, the Ministry shall suspend the procedure and invite the applicant to complete the application in accordance with Paragraph 3b; if the applicant fails to complete the application within 30 days of the date of receipt of the request, the Ministry shall stop the application procedure.
(3) The Ministry will also reject an application for consent to acquire influence over an energy strategic total if the request contains false information.
(4) The Ministry shall consent to the acquisition of influence over the energy strategic total if the application complies with the requirements laid down in Paragraph 3b, there is no reason to reject the application under paragraph 1 and the request does not contain false information.
(5) The Ministry shall notify the rejection of the application without undue delay to the person from whom the applicant was to have an impact on the energy strategic total.
(6) No decomposition is permitted against the Ministry's decision on the application.
The acquisition of influence over the energy strategic total without the consent of the Ministry
(1) Those who gain influence over an energy strategic total without the approval of the Ministry may ask the Ministry within 30 days of the date of the acquisition of influence over an energy strategic total for additional consent to the acquisition of influence over an energy strategic total. Article 3a (1) to (3), (3b) and (3c) shall apply mutatis mutandis to the request for additional consent to the acquisition of influence over the energy strategic total and its assessment.
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
§ 3a
§ 3b
§ 3c
§ 3d
§ 3e
§ 4
§ 5
§ 5a
§ 6
§ 7
§ 7a
§ 8
§ 9
§ 10
§ 10a
§ 10b
§ 10c
§ 10d
§ 10e
§ 11
§ 11a
§ 11b
§ 11c
§ 11ca
§ 11cb
§ 11cc
§ 11d
§ 11e
§ 11ea
§ 11f
§ 11g
§ 11h
§ 11i
§ 11j
§ 11k
§ 11l
§ 11m
§ 11n
§ 11o
§ 11p
§ 11q
§ 11r
§ 11s
§ 11t
§ 11u
§ 11v
§ 11w
§ 11x
§ 12
§ 12a
§ 12b
§ 12c
§ 12d
§ 12e
§ 13
§ 14
§ 15a
§ 15b
§ 16
§ 16a
§ 16b
§ 17
§ 17b
§ 17c
§ 17d
§ 17e
§ 17f
§ 17g
§ 17h
§ 17i
§ 17j
§ 17k
§ 18
§ 18a
§ 18b
§ 19a
§ 19b
§ 19c
§ 19ca
§ 19d
§ 19e
§ 19f
§ 19g
§ 20
§ 20a
§ 20b
§ 20c
§ 20d
§ 20e
§ 20f
§ 20g
§ 20h
§ 20i
HLAVA II
Díl 1
§ 22
§ 23
§ 23a
§ 24
§ 24a
§ 25
§ 25a
§ 25b
§ 26
§ 26a
§ 27
§ 27a
§ 27b
§ 27c
§ 27ca
§ 27d
§ 27e
§ 27f
§ 28
§ 29
§ 29a
§ 29b
§ 29c
§ 29d
§ 30
§ 30a
§ 30b
§ 30c
§ 30d
§ 30e
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 43
§ 45
§ 46
§ 47
§ 48
§ 49
§ 49a
§ 50
§ 51
§ 52
§ 53
§ 54
Díl 2
§ 56
§ 57
§ 58
§ 58a
§ 58b
§ 58c
§ 58d
§ 58e
§ 58f
§ 58g
§ 58h
§ 58i
§ 58j
§ 58k
§ 58l
§ 58m
§ 58n
§ 58o
§ 58p
§ 58q
§ 59
§ 59a
§ 60
§ 60a
§ 60b
§ 60c
§ 60d
§ 60e
§ 61
§ 61a
§ 62
§ 64
§ 65
§ 66
§ 67
§ 67a
§ 68
§ 69
§ 70
§ 71
§ 72
§ 72a
§ 73
§ 73a
§ 73b
§ 73c
§ 73d
§ 73e
§ 73f
§ 73g
§ 73h
§ 74
Díl 3
§ 76
§ 77
§ 78
§ 79
§ 86
§ 87
§ 88
§ 89
HLAVA TŘETÍ
§ 90
§ 91
§ 91a
§ 91b
§ 91c
§ 91ca
§ 91d
HLAVA IV
Díl 1
§ 92
§ 93
§ 94
§ 95
§ 95a
§ 95b
§ 95c
§ 95d
§ 95e
§ 95f
Díl 2
§ 95g
§ 95h
§ 95i
§ 95j
§ 95k
HLAVA PÁTÁ
§ 96
§ 96a
§ 96b
§ 96ba
§ 96bb
§ 96c
§ 96d
§ 96e
§ 97
§ 97a
§ 97aa
§ 97b
§ 98
§ 98a
§ 99
ČÁST DRUHÁ
§ 100
ČÁST ČTVRTÁ
§ 102
ČÁST ŠESTÁ
§ 104
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2000 |
|---|---|
| Effective from | 01.01.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0