Government Decree No. 463 / 2022 Coll.
Government regulation on the pricing of electricity and gas in an exceptional market situation supplied for losses in distribution systems and on compensation for supply of electricity and gas for losses at specified prices
Valid
Regulation
Effective from 01.01.2023
463
GOVERNMENT REGULATION
of 21 December 2022
on the fixing of electricity and gas prices in an exceptional market situation supplied for losses in distribution systems and the compensation granted for the supply of electricity and gas for losses at specified prices
The Government orders the implementation of § 19d paragraphs 1 and 4 and § 19f paragraph 8 of 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), as amended by Act No. 287 / 2022 Coll.:
Subject matter
(1) This Regulation lays down, in the light of the exceptional market situation prevailing on the electricity and gas markets, the prices of electricity and gas for losses, the extent of the supply of electricity or gas for losses in which the determined prices of electricity and gas for losses are applied and other conditions under which the determined prices of electricity and gas for losses are applied.
(2) Furthermore, this Regulation provides for:
(a) the method of calculating the demonstrable loss and the reasonable profit resulting from the supply of electricity and gas for the loss at a specified price;
(b) the period for which the identifiable loss and reasonable profit are paid;
(c) the dates and formalities for the application for reimbursement of the demonstrable loss and reasonable profit and other rules for the claim for reimbursement of the demonstrable loss and the reasonable profit resulting from the supply of electricity and gas for the loss at a specified price; and
(d) the rules and deadlines for granting the subsidy to the market operator for the payment of the funds.
(3) Where provision is made in this Regulation for gas losses in the distribution system, this shall also mean the technological own gas consumption of the distribution system operator, unless the provision implies that it does not apply to the technological own gas consumption.
Deadline for submission and particulars of the claim for reimbursement of the demonstrable loss and reasonable profit
(1) The electricity or gas trader providing the supply of electricity or gas for the loss of electricity or gas in the distribution system shall submit a request for reimbursement of a demonstrable loss and reasonable profit to the market operator for the preceding calendar month until the 14th working day following the end of the calendar month. The application for the period from 1 January 2023 to 31 December 2023 shall be submitted by 20 February 2024 at the latest.
(2) Where an electricity or gas trader makes a request for reimbursement of a demonstrable loss and a reasonable profit after the expiry of the period referred to in the first sentence of paragraph 1, such a request shall be dealt with at times such as a request for reimbursement of a demonstrable loss and a reasonable profit for the following calendar month following the request; the right to reimbursement of the demonstrable loss and reasonable profit for the relevant calendar month is not affected. This shall not apply where the electricity or gas trader makes a claim for reimbursement of a demonstrable loss and a reasonable profit after the expiry of the period referred to in the second sentence of paragraph 1 or a new request for reimbursement of a demonstrable loss and a reasonable profit pursuant to paragraph 7, 8 or 9.
(3) An application for reimbursement of a demonstrable loss and reasonable profit shall be submitted electronically through the market operator system and in a format defined by the market operator.
(4) The request of the electricity trader contains:
(a) the name or, where applicable, the addendum distinguishing the person of the electricity trader or the type of business, the place of business and the identification number, in the case of a natural person undertaking, or the name or business name, registered office and identification number, in the case of a legal person;
(b) the registration number of the electricity market participant;
(c) the identification number (EAN) of the place to record electricity for the loss of electricity in the distribution system;
(d) the amount of electricity for the loss of electricity in the distribution system in MWh per calendar month to which the determined electricity price for the loss of electricity in the distribution system is applied pursuant to Article 3 (1) or (2);
(e) quantification of the unit amount of the demonstrable loss and reasonable profit from the electricity supply activity of the distribution system in CZK / MWh, and where the unit amount of the demonstrable loss and reasonable profit per calendar month is derived from the agreed electricity price for the electricity loss, the identification number or other identifier and the date of the contract with the distribution system operator, or the date of the negotiation of the last change in the contract content of the part relating to the electricity price of the distribution system, where such change has been agreed; and
(f) a quantification of the total amount of verifiable loss and reasonable profit per calendar month.
(5) The request of the gas trader contains:
(a) the name or addendum distinguishing the person of the gas trader or the type of business, the place of business and the identification number, in the case of a natural person involved, or the name or business name, registered office and identification number, in the case of a legal person;
(b) the registration number of the gas market participant;
(c) the identification number (EIC) of the virtual demand point representing the losses in the distribution system or the virtual demand point for gas consumption;
(d) the quantity of gas for gas losses in the distribution system in MWh per calendar month to which the gas price for gas losses in the distribution system in accordance with Article 3 (3) applies;
(e) the quantification of the unit amount of the demonstrable loss and reasonable profit from the gas supply activity of the distribution system in CZK / MWh, and where the unit amount of the demonstrable loss and reasonable profit per calendar month is derived from the agreed gas price for the gas loss, the identification number or other identifier and the date of the agreement with the distribution system operator, or the date on which the last change in the contract content of the part relating to the gas price of the distribution system has been agreed; and
(f) a quantification of the total amount of verifiable loss and reasonable profit per calendar month.
(6) The request may be made by the electricity or gas trader to cover the amount of the demonstrable loss and reasonable profit relating to the amount of electricity or gas for the loss of electricity or a virtual demand point representing gas losses or, where appropriate, a virtual demand point for gas consumption or more. Where an electricity or gas trader submits an application for multiple sites, the information referred to in paragraph 4 or 5 shall be annexed to the application for each location.
(7) Where the Energy Regulatory Authority has identified doubts as to the accuracy of the calculation of the demonstrable loss and reasonable profit pursuant to the first sentence of Paragraph 19f (5) of the Energy Act, the electricity or gas trader shall submit a new request, pursuant to the third sentence of Paragraph 19f (5) of the Energy Act, for the reimbursement of the demonstrable loss and reasonable profit ("the corrective new application ') by 20 March 2024 at the latest.
(8) If, in accordance with the procedure laid down in the fourth sentence of Paragraph 19f (5) of the Energy Act, the Energy Regulatory Authority forbids the granting of a refund of a demonstrable loss or reasonable profit in whole or in part, the electricity or gas trader shall submit a new request for reimbursement of a demonstrable loss and reasonable profit in accordance with the last sentence of Article 19f (5) of the Energy Act by 19 April 2024 at the latest.
(9) Where the Energy Regulatory Authority, pursuant to the first sentence of Paragraph 19f (5) of the Energy Act, has identified doubts as to the accuracy of the calculation of the demonstrable loss and reasonable profit after verifying the data from the claim for reimbursement of the demonstrable loss and reasonable profit made pursuant to paragraph 8, the electricity or gas trader shall, by 22 May 2024 at the latest, submit a new request for reimbursement of the demonstrable loss and reasonable profit pursuant to Article 19f (5) of the Third Energy Act.
Time limits for the verification of data from the application for reimbursement of demonstrable losses and reasonable profit
(1) The time limit for verifying the data from the application for reimbursement of the demonstrable loss and reasonable profit by the Energy Regulatory Authority pursuant to the first Energy Act paragraph (5) of Paragraph 19f (5) shall be 5 working days following the transmission of the request by the electricity or gas trader to the market operator.
(2) In the case of a correction of a new application by a trader in electricity or gas pursuant to the third sentence of Paragraph 19f (5) of the Energy Act, the procedure laid down in Paragraph 9 (2) shall apply.
Deadline for submission and details of the market operator's request for a subsidy to cover the funds provided to cover the demonstrable loss and reasonable profit
(1) The market operator shall submit a request for a subsidy to cover the funds provided to cover the demonstrable losses and reasonable profits of the electricity and gas traders to the Ministry within 2 working days of the expiry of the deadline for the submission of the request by the electricity or gas trader for the payment of the demonstrable loss and reasonable profit.
(2) The market operator requests a subsidy for the previous calendar month to cover the funds provided to cover the demonstrable loss and reasonable profit of the sum of the total demonstrable losses and the reasonable profits of the electricity and gas traders who submitted the application for the previous calendar month pursuant to Article 9.
(3) The market operator's request referred to in paragraph 1 shall include:
(a) identification of the market operator;
(b) the amount of subsidy requested;
(c) the identification of the electricity or gas traders who submitted claims for reimbursement for a calendar month of demonstrable losses and reasonable profits pursuant to Article 9 and the total amount of demonstrable loss and reasonable profit for each electricity or gas trader per calendar month;
(d) the purpose for which the funds requested are intended; and
(e) the bank account number.
Deadline for granting the grant to cover the funds provided to cover the demonstrable loss and reasonable profit
The Ministry shall provide the market operator with a subsidy to cover the funds provided to cover the demonstrable loss and reasonable profit of the electricity and gas traders within 2 working days of receipt of the market operator's request pursuant to Article 11 (1).
Rules and deadline for the payment of demonstrable losses and reasonable profit
(1) If the Energy Regulatory Authority has not shared any doubts as to the accuracy of the calculation of the demonstrable loss and reasonable profit or if the Energy Regulatory Authority has not prohibited, in accordance with the procedure laid down in Article 19f (5) of the Energy Law, the granting of a remuneration of the demonstrable loss and reasonable profit to the market operator, the market operator shall pay to the electricity or gas trader the demonstrable loss and reasonable profit within 2 working days of receiving the subsidy pursuant to Article 12 by transfer to the bank account of the electricity or gas operator registered in the market operator's system, but first after the expiry of the deadline for verifying the application data pursuant to Article 10.
(2) Where the Energy Regulatory Authority has prohibited the granting of a remuneration of demonstrable losses or reasonable profits in part, the market operator shall, in accordance with the procedure referred to in paragraph 1, pay a demonstrable loss and a reasonable profit in the remainder within 5 working days of notification of the Energy Regulatory Authority decision to the market operator.
(3) Where the Energy Regulatory Authority has doubts as to the accuracy of the calculation of a demonstrable loss or reasonable profit, or where the Energy Regulatory Authority prohibits the provision of remuneration of a demonstrable loss or reasonable profit, it shall also provide such communication or decision to the market operator via the market operator system.
(4) If the electricity or gas trader makes a new request for reimbursement of a demonstrable loss and reasonable profit pursuant to Paragraph 19f (5) of the Energy Act, the previous request for reimbursement of a demonstrable loss and reasonable profit for the same calendar month shall no longer be dealt with. This does not concern the payment of the part of the demonstrable loss or reasonable profit which the Energy Regulatory Authority has not prohibited from providing in accordance with the procedure laid down in Article 19f (5) of the Energy Act.
Efficacy
(1) This Regulation shall take effect on 1 January 2023.
(2) Paragraphs 2 to 8 shall expire on 31 December 2023.
Prime Minister:
Prof. PhDr. Fiala, Ph.D., LL.M., v. r.
Minister for Industry and Trade:
Ing. Síkela v. r.
1) Paragraph 2 (w) of Decree No. 408 / 2015 Coll., on the Electricity Market Rules, as amended.
2) Paragraph 2 (v) of Decree No. 408 / 2015 Coll., on the Electricity Market Rules, as amended.
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Regulation Information
| Citation | Government Decree No. 463 / 2022 Coll., on the determination of electricity and gas prices in an exceptional market situation supplied for losses in distribution systems and on the compensation granted for the supply of electricity and gas for losses at specified prices |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.2022 |
|---|---|
| Effective from | 01.01.2023 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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