Decree No. 459 / 2003 Coll.

Decree amending Decree No 373 / 2001 Coll., laying down rules for the organisation of the electricity market and the principle of pricing for the activities of the market operator, as amended by Decree No 12 / 2003 Coll.

Valid Order Effective from 01.01.2004
459
DECLARATION
of 12 December 2003
amending Decree No 373 / 2001 Coll., laying down rules for the organisation of the electricity market and the principles for pricing the activities of the market operator, as amended by Decree No 12 / 2003 Coll.
Pursuant to Article 98 (8) of Act No. 458 / 2000 Coll., on the terms and conditions of business and on the exercise of public administration in the energy sector and on the amendment of certain laws (hereinafter referred to as "the Act '), the Energy Regulatory Authority provides for the implementation of Article 17 (7) (e) of the Act:
Čl. I
Decree No 373 / 2001 Coll., laying down rules for the organisation of the electricity market and the principles for pricing the activities of the market operator, as amended by Decree No 12 / 2003 Coll., is amended as follows:
1. In Section 2, the words "or an obligation to import this electricity into the electricity system 'shall be added at the end of the text in point (g).
2. In Paragraph 2 (h), the word "out 'is replaced by" out'.
3. In Article 2, the words "taking into account the regulatory energy provided 'shall be added at the end of the text in point (j).
4. In Article 2, at the end of the text of point (s), comma is replaced by a semicolon and the words "the organised daily electricity market (hereinafter referred to as" the day-ahead market ") and the organised intraday electricity market (hereinafter referred to as" the intraday market "are added. ';
5. in § 2 (t):
"(t) registration number - the number allocated by the market operator to the electricity market participant to ensure the evaluation, settlement and settlement of deviations and to ensure the change process of the electricity supplier (the supplier), ';
6. in Article 2 (u):
"(u) bilateral transactions - transactions in the physical supply of electricity registered with a market operator, except those concluded in an organised short-term electricity and balancing market, ';
7. in § 2, points (dd) to (ff) read:
"(dd) balancing market - balancing energy market organised and settled by the market operator on the basis of a contract with the transmission system operator participating in the clearing entities;
(ee) regulatory energy - electricity used to offset the imbalance between production and consumption,
(ff) auction - a market-based method of allocating cross-border transmission capacities in which, on the basis of the requirements of the auction participants, published marketable transmission capacity is allocated. ';
8. In Paragraph 3 (1), the word "purchase 'is replaced by" measure'.
9. in Article 3 (2), the following point (c) is inserted after point (b):
"(c) the organisation of the balancing market;"
Point (c) shall be renumbered (d).
10. in Article 3 (2) (d):
"(d) the transmission of actual values of electricity supplies for invoicing to eligible customers who have changed suppliers, ensuring the process of changing the supplier of the eligible customer and ensuring the process of changing contractual relations concerning the supply of electricity to electricity to electricity market participants.";
11. in Article 4 (a), the words "the transfer contract" shall be replaced by "the electricity transfer contract";
12. in Article 4 (b), the words "distribution contract" are replaced by the words "electricity distribution contract" and, in the end, the words "acting on its behalf" are deleted.
13. in Article 4 (c):
"(c) cross-border electricity transmission contracts which contain an obligation to pay a regulated price for cross-border electricity transmission; This contract shall be concluded with the transmission system operator by the settlement entity for its contractual exports of electricity and the contractual imports of electricity through the transmission system. ';
14.
„§ 5
Transmission and distribution of electricity
(1) The transmission of electricity (hereinafter referred to as "transmission") is provided by the transmission system operator and consists of the transmission of the contracted amount of electricity by transmission system to the transmission system sampling point in the quality specified by the specific legislation.2)
(2) The distribution of electricity (hereinafter referred to as "distribution") is provided by the distribution system operator and consists of the distribution of the contracted quantity of electricity by the distribution system to the distribution system sampling point in the quality laid down by the special legislation.2)
(3) If the local distribution system operator is simultaneously the holder of a power generation licence for a power plant located in the territory defined by its distribution licence, the electricity and distribution plants of that electricity market participant shall be connected to the distribution system under the contract of the local distribution system operator pursuant to a special legislature.3)
(4) The transmission and distribution payment includes the payment for the reserved capacity and the payment for the use of networks and is paid by the transmission system operator or the relevant distribution system operator to which the customer's equipment is connected. The transmission payment shall be agreed only for transmission system sampling. Payment for distribution shall be agreed for each of the following:
(a) for collection from a distribution system with a voltage between phases of more than 52 kV (hereinafter referred to as "voltage level VVN"),
(b) for collection from a distribution system with a voltage between phases from 1 kV to 52 kV inclusive (hereinafter referred to as "voltage level VN"),
(c) for collection from a distribution system with a phase-to-phase voltage up to and including 1 kV (hereinafter referred to as "voltage level NN").
(5) The reserved capacity for the demand point of the eligible customer or for the transfer point of the local distribution system operator is the contractual power over a given period. The transmission system operator or distribution system operator to which the demand facility of the authorised customer or the transfer point of the local distribution system operator is connected shall undertake to ensure the reserved capacity agreed in the transmission or distribution contract during that period and the customer or local distribution system operator shall undertake not to exceed that reserved capacity during that period by its demand. The reserved capacity may not be higher than the value of the reserved input agreed in the connection contract under the special legislature.3)
(6) The reserved capacity for the supply of distribution systems to customers whose facilities are connected to the local distribution system is negotiated by the local distribution system operator. This reserved capacity is the contractual performance over a given period at the transfer points between the distribution system and the local distribution system as defined in the distribution contract.
(7) Manufacturers, with the exception of self-producers, do not negotiate and do not pay for the reserved capacity for the points of connection of their electricity production. The location of the installation of the manufacturer intended to collect electricity for the own consumption of electricity or for the own consumption of electricity for the production of electricity and heat shall be considered as the location of the installation of the manufacturer.
(8) The electricity consumption of the transmission or distribution system manufacturer, including the electricity consumption for electricity generation or the electricity consumption for electricity and heat generation and the consumption of pumped-in hydropower plants, shall be paid at the price using networks.
(9) The payment for network use relates to the electricity actually withdrawn from the transmission or distribution system and is evaluated, accounted for and paid in the manner agreed in the contract, including advances.
(10) Transport of electricity involving transmission and distribution shall be negotiated only by an authorised customer or an electricity trader for the collection points of authorised customers with which he has a contract pursuant to Paragraph 9 (1) (c). The consent of the authorised customer is a condition for the contract to be negotiated by the electricity trader.
(11) The negotiation of transmission and distribution contracts shall apply, in the case of an authorised customer, to a demand point or a summary thereof and in the case of a distribution system operator, to a summary of the transmission points agreed in the connection agreement. In relation to these locations, contracts shall be evaluated and invoiced by the TSO or the distribution system.
(12) Payments for reserved capacity and using networks, including payments for exceeding the reserved capacity, are shown separately on the invoice.
2) Decree No. 306 / 2001 Coll., on the quality of electricity supply and related services in electricity.
3) Decree No. 18 / 2002 Coll., on the conditions of connection and transport of electricity in the electricity system, as amended by Decree No. 300 / 2003 Coll. '.
15. The following Section 5a is inserted after Section 5:
„§ 5a
Conditions for access to networks for cross-border trade in electricity
(1) The cross-border trade in electricity shall take place under the conditions laid down in the Transmission System Operation Rules issued by the Transmission System Operator pursuant to Article 24 (10) (f) of the Act (the "Transmission System Operation Rules') on the basis of a contract concluded between the electricity market participant and the transmission system operator.
(2) The transmission system operator shall, under the conditions laid down in the Transmission System Operation Rules, publish the envisaged free cross-border transmission capacity on each cross-border profile to the extent:
(a) annual values;
(b) the specified values for the following month;
(c) specified values for the following week;
(d) the value specified for each hour of the business day; the value shall be published no later than 9.00 on the preceding day.
(3) Cross-border trade in electricity through individual cross-border profiles shall take place within a maximum of the capacity reserved on the basis of the results of the allocation of cross-border transmission capacities organised by the transmission system operator or the capacity obtained by transferring the reserved cross-border transmission capacity from another settlement entity under the conditions laid down in the Transmission System Operating Rules. Where the capacity is allocated in an auction, it shall be allocated in the order of the auction participants' price offers. The auction price shall be equal to the lowest price of the tenders received.
(4) The capacity allocated in the auction is reserved at the time the auction price is paid by the deadline set by the rules of the auction concerned. Capacity is reserved only until the deadline for receiving implementation diagrams. For the use of the reserved capacity for cross-border trade in electricity, the settlement entity shall be provided to the TSO with a cross-border trading chart according to the TSO's Transmission System Operation Code, no later than 8.00 hours before the deadline on the day preceding the implementation date. The part of the reserved capacity not used by the clearing entity shall be offered to other electricity market participants in daily auctions.
(5) The allocation of cross-border transmission capacities shall be organised by the transmission system operator or its delegated other entity on the relevant cross-border profile at the dates and under the conditions laid down in the TSO's operating rules. ';
16. in Article 6 (3), the word "sampling electric" shall be inserted before the word "equipment."
17. in Article 6 (3) and (4), the words "the provision of transmission or distribution" shall be replaced by "the transmission or distribution."
18. Paragraph 6 (11) is deleted.
Paragraph 12 shall become paragraph 11.
19. in Article 7 (1), "1,0" is replaced by "1,00";
20. Paragraph 7 (4) reads:
"(4) The evaluation of the performer and the settlement of values that do not correspond to the value referred to in paragraph 1 shall be carried out on the basis of an electricity distribution contract and shall be settled at prices in accordance with the price decision of the Office.";
21.
„§ 8
Timetable for electricity trading
(1) In view of the time sequence of closing transactions, electricity supply transactions are distinguished to:
(a) daily market transactions;
(b) bilateral transactions;
(c) intra-day transactions;
(d) transactions concluded on the balancing market.
(2) Data on bilateral electricity supply transactions shall be submitted to the market operator for registration no later than 13.00 (1) on the day before the start of the business day on which the supply is to be made and this time shall be the conclusion of bilateral trading.
(3) Stores on the day-ahead market under the special legislature6) are included by the market operator in the assessment and settlement system no later than 13.00 (1) on the day before the start of the business day on which delivery is to take place.
(4) Shops concluded on the intraday market under a special legislature6) are included by the market operator in the assessment and settlement system.
(5) Contracts for the supply of balancing energy from abroad pursuant to Article 9 (1) (j) may be concluded even after the conclusion of bilateral transactions. The regulatory energy supplied under these contracts is included in the system for the evaluation and settlement of derogations.
(6) Following the closure of the intraday market, a balancing market is organised by the market operator. The results of the balancing market transactions shall be used by the TSO to determine the settlement price and shall be included in the assessment and settlement system for derogations as supplied by the regulatory energy.
(7) The regulatory energy provided by the transmission system operator to determine the settlement price pursuant to Article 18 (2) is the regulatory energy
(a) resulting from the activation of support services;
(b) on the balancing market; or
(c) furnished from abroad under a contract pursuant to Article 9 (1) (j).
6) Decree No. 19 / 2002 Coll., establishing the method of organising the short-term electricity market. '
22. In Section 9, the words "bilateral transactions' are replaced by" on the electricity market 'in the title.
23. in the first sentence of Paragraph 9 (1), "Bilateral transactions" shall be replaced by "Shops."
24. in Article 9 (1) (c), the word "also" shall be inserted after the word "includes."
25. in Article 9 (1) (e) and (f):
"(e) a contract for the supply of electricity with an obligation to supply electricity to the electricity system; the contract is concluded by the manufacturer or electricity trader who has already assumed an obligation to supply electricity to the electricity system, at designated transmission points on the one hand, and by the electricity trader accepting the obligation to supply electricity to the electricity system on the other hand,
(f) a contract for the supply of electricity with an obligation to withdraw electricity from the electricity system; the contract is concluded by a legitimate customer or electricity trader who has already assumed an obligation to withdraw electricity from the electricity system, at designated demand points, or by the distribution system operator or transmission system operator to cover losses in the transmission system on the one hand, and the electricity trader accepting the obligation to withdraw electricity from the electricity system on the other hand, ';
26. in Article 9 (1) (h):
"(h) the balancing energy contract; the contract is concluded by the provider of the support service whose activation supplies positive or negative regulatory energy, or by the clearing entity supplying regulatory energy from abroad, on the one hand, and the market operator, on the other hand, ';
27. in Article 9 (1), the words "abroad" shall be deleted from point (j).
28. in Article 9 (1), point (k) is deleted;
29. in Paragraph 9 (2):
"(2) Trade concluded in an organised short-term electricity market shall take place under a contract of access to an organised short-term electricity market; the contract is concluded by the market operator on the one hand and by the clearing entity on the other. ';
30. In Article 9, the following paragraph 3 is inserted after paragraph 2:
"(3) Business concluded on the balancing market shall be conducted on the basis of a contract of access to the balancing market; the contract shall be concluded by the market operator on the one hand and by the clearing entity on the other. ';
Paragraphs 3 to 9 shall be renumbered paragraphs 4 to 10.
31. in Article 9 (8), point (h) shall be deleted;
Points (i) to (k) shall be renumbered as points (h) to (j).
32. In Article 9, the following paragraph 9 is inserted after paragraph 8:
"(9) The contract on access to the balancing market referred to in paragraph 3 shall contain:
(a) identification of the market participant;
(b) access to the market operator's information system;
(c) the conditions and the way in which balancing energy bids are submitted in the balancing market;
(d) the method of clearing and settlement of balancing energy traded on the balancing market. ';
Paragraphs 9 and 10 shall become paragraphs 10 and 11.
33.Paragraph 9 (10), including footnote 7, reads:
"(10) The trading conditions of the market operator referred to in paragraph 8 (k) shall always include:
(a) procedures for settlement and settlement of deviations, including procedures for settlement of differences in deviations due to corrections to actual values of supply and electricity consumption and replacement of preliminary values with actual measurement data;
(b) a specific system of evaluation and settlement of derogations for emergency situations under Article 54 of the Act and in application of the provisions laid down in the implementing legislation, 7)
(c) procedures for the organisation and settlement of the daily market;
(d) procedures for the organisation and settlement of the intraday market;
(e) procedures for the organisation and settlement of the balancing market;
(f) the method of determining the financial collateral for payments and the form of financial collateral for payments;
(g) conditions for the use of financial collateral for payments;
(h) the way in which tax documents are issued;
(i) procedures for the application of complaints;
(j) procedures for changing the supplier of the eligible client;
(k) procedures for providing supporting documents for invoicing an authorised customer who has changed suppliers;
(l) details of the method of registration of the electricity market participant with the market operator.
7) Decree No. 219 / 2001 Coll., on the procedure in the event of an emergency in electricity. '
34. In Article 9, paragraph 12 is added:
"(12) The market operator shall, at the same time as the publication of the proposal referred to in paragraph 11, forward information on the publication of the draft changes to trading conditions to all participants in the electricity market affected by those trading conditions. ';
35. in Article 10 (1) (b), the words "to remove electricity from the electricity system" shall be deleted;
36. in Article 10 (1) (b), "(f) and (i)" is replaced by "(f) or (i)";
37. in Article 10 (1) (b), the word "electricity" shall be inserted after the word "production";
38. In Article 10 (4), the words "or B 'are inserted after the words" type A'.
39. Paragraph 10 (5) reads:
"(5) The effectiveness of the delegation of responsibility for the derogation of electricity market participants shall be determined by the registration of data from contracts concluded pursuant to Article 9 (1) (e) and (f) by the market operator. The requirement to delegate responsibility for the derogation of these electricity market participants shall be submitted by the clearing entity taking responsibility for the derogation to the market operator at least 7 days before the required effect of the delegation of responsibility for the derogation in the format defined by the market operator. The registered data shall be the data referred to in Article 9 (5) and (6), which shall allow the assignment of transfer and collection points and measured data to settlement entities. The market operator shall not be registered with such data from contracts concluded in accordance with Article 9 (1) (e) and (f) which do not allow all the transfer and collection points referred to in those contracts to be assigned and the actual amounts of electricity in those transfer and demand points to be allocated to settlement entities. ';
40. In Paragraph 10 (7), the sentences of the fourth and last paragraphs are deleted.
41. in Paragraph 10 (9), "17" is replaced by "16."
42. Paragraph 10 (12) is deleted.
43. Paragraph 11, including the title, reads:
„§ 11
Conditions for evaluating electricity supplies
(1) Responsibility for the derogation can only be transferred to electricity market participants registered with the market operator.
(2) The registration of electricity market participants on the basis of the allocated registration numbers is kept by the market operator. Information on the name of the company, identification number, if assigned, the assigned registration number and whether it is a clearing entity, shall be published by the market operator on the website. The data published on the market operator's website shall be a certified document indicating that the electricity market participant is a clearing entity at that time.
(3) The total costs associated with the settlement of the imbalance between contracted and actually realised electricity supplies for each trading hour in the form of a quantity of regulatory energy in MWh and the prices of this regulatory energy in CZK / MWh are determined by the transmission system operator and transmitted to the market operator by 11.00 hours on the first working day following the assessed business day. The data shall be transmitted in the form of quantities and prices of positive and negative regulatory energy broken down by generation of electricity in the case of regulatory energy resulting from the activation of support services, or by individual clearing entities in cases of balancing energy provided on or from abroad.
(4) The amount of regulatory energy and the cost of regulatory energy shall be published on the Internet by the transmission system operator for each trading hour on the following working day for the preceding working day or, where applicable, for all previous non-working days, broken down into regulatory energy.
(a) resulting from the activation of support services;
(b) on the balancing market;
(c) provided from abroad.
(5) The records of eligible customers receiving electricity under the scheme referred to in Article 10 (1) (b) and their contractors are carried out by the market operator on the basis of the documents transmitted by the transmission system operator, the relevant distribution system operators and suppliers. "
44. In Article 12 (1), the second sentence is replaced by the following: "Electricity market participants fulfilling the conditions laid down by the transmission system operator and having a contract with the transmission system operator to provide support services."
45. in Article 12 (2) (a), the word "or" shall be inserted after the comma.
46. In Article 12 (3), the first sentence is replaced by "The transmission system operator shall be purchased through the annual, monthly and daily market for support services."
47. in Article 12 (4) (a), the words "annual and monthly in advance" shall be deleted;
48. in Article 12 (4), points (b) and (c) are deleted;
Points (d) to (k) shall be renumbered (b) to (i).
49. in Article 12 (4), point (h) is deleted;
Point (i) shall be renumbered as point (h).
50. Paragraph 12a, including the title, reads:
„§ 12a
Equalisation market
(1) The balancing market is conducted after the conclusion of bilateral trading and after the conclusion of an organised short-term electricity market under a contract between the market operator and the transmission system operator containing the arrangements and rules for the organisation of the balancing market, deadlines and other conditions of the balancing market. The balancing market shall participate in settlement entities under contract with the market operator for access to the balancing market. The method and rules of organisation of the balancing market, terms and other conditions of the balancing market are set out in the terms and conditions of the market operator.
(2) In the balancing market, regulatory energy can be offered both positive and negative in a minimum quantity of one MWh per hour. The receiving party shall only be the transmission system operator. Tenders to the balancing market shall be made by settlement entities no later than 90 minutes before the start of the trading hour when the supply of positive or negative regulatory energy by the TSO is to be used to cover the system deviation. The transmission system operator receiving the balancing energy supply shall be evaluated as the balancing energy implemented and transmitted to the market operator for settlement.
(3) The received supply offers of positive and negative regulatory energy on the balancing market for the trading hours shall be included by the market operator in the market operator's assessment system. ';
51. Paragraph 13 shall be deleted, including the title.
52. In Paragraph 14 (3) (b):
"(b) for support services purchased on the day-ahead market, the price of the highest bid received at each business hour for each support service."
(53) In Paragraph 15 (2), (3), (4), "6" of the footnote is replaced by "8."
footnote 8 is replaced by the following:
"8) Decree No. 220 / 2001 Coll., on the dispatching system of the Czech Republic."
54. In Article 16 (3), the words "intermediate values' shall be inserted after the words" electricity '.
55. in Paragraph 16 (5):
"(5) The parties to the electricity market registered with the market operator are:
(a) licence holders for trade in electricity;
(b) holders of electricity distribution licences;
(c) the holder of the electricity licence;
(d) eligible customers who choose their own responsibility for the derogation provided for in Article 10 (1) (a) or who change their supplier;

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Regulation Information

CitationDecree No. 459 / 2003 Coll., amending Decree No. 373 / 2001 Coll., laying down the rules for the organisation of the electricity market and the principle of pricing for the activities of the market operator, as amended by Decree No. 12 / 2003 Coll.
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation29.12.2003
Effective from01.01.2004
Effective until-
Status Valid
The regulation text is for informational purposes only.
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