Act No. 469 / 2023 Coll.
Act amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and other related laws
Valid
Law
Effective from 01.01.2024
Contents
ČÁST PRVNÍ
Čl. I
㤠11ca
㤠11d
㤠13
㤠19ca
㤠20b
§ 20c
§ 20d
§ 20e
§ 20f
§ 20g
§ 20h
§ 20i
㤠27
㤠27a
§ 27b
§ 27c
§ 27d
㤠27e
§ 27f
㤠29
㤠29a
§ 29b
§ 29c
§ 29d
㤠31
㤠96ba
㤠97b
Čl. II
ČÁST DRUHÁ
Čl. III
㤠9c
ČÁST TŘETÍ
Čl. IV
ČÁST ČTVRTÁ
Čl. V
ČÁST PÁTÁ
Čl. VI
ČÁST ŠESTÁ
Čl. VII
ČÁST SEDMÁ
Čl. VIII
㤠47ba
Čl. IX
ČÁST OSMÁ
Čl. X
ČÁST DEVÁTÁ
Čl. XI
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469
THE LAW
of 20 December 2023
amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Energy Act
Act No. 20 / 20, Act No. 21 / 20, Act No. 21 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20 / 20, Act No. 20 / 20 / 20 / 20, Act No. 20 / 20 / 20 / 20 / 20, Act No. 20 / 2011 Coll.
1. in Paragraph 2 (1), the dot is replaced by a comma at the end of point (i) and the following point (j) is added:
"(j) by determining the dynamic price, the method of determining the price for the supply of electricity or gas, in such a way that, during the duration of the contract obligation, it changes depending on changes in electricity or gas prices in the short-term electricity or gas markets at intervals corresponding to at least the business period of settlement of transactions on those markets.";
2. in Article 2 (2), the following point 24 shall be added at the end of point (a):
"the 24th regional distribution system of the distribution system, which is directly connected to the transmission system, '.
3. in Paragraph 2 (2) (b) (9):
"9. Gas, 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, the gas system equipment shall be used; ';
4. in Article 2 (2) (b) (27), the words "gas transport, 'are replaced by the words" gas transport or' and the words "or gas storage service 'are deleted;
5. In Article 2 (2) (b) (30), the words "including activities related to the security of the reliable and safe operation of the gas system 'are deleted.
6. In Article 2 (2), the following point 36 is added at the end of point (b):
"36. modification 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 gas plant of the transmission system operator, distribution system operator, gas storage operator or gas producer, ';
7. In Article 3 (1), the words "the activity of the Electricity Data Centre (hereinafter referred to as the Data Centre) 'shall be inserted after the words" the market,'.
8. In the second sentence of Article 3 (3), the words "irrespective of the nature of the activity ', the words" intended for the customer's own consumption' and the words "or for the production of electricity produced in power plants with an installed power of up to and including 50 kW, intended for the customer's own consumption, shall be inserted after the words" irrespective of the nature of the activity ', where another electricity plant of the licence holder is connected in the same sampling point'.
9. In Article 3 (5), the third sentence is deleted.
10. in Article 4 (1) (b), at the end of point 2, the dot is replaced by a comma and the following point 8 is added:
"8th activity of the data centre,."
11. in Paragraph 4 (2), at the end of point (b), the word "a" is replaced by a comma.
12. In Article 4, at the end of paragraph 2, the dot is replaced by "a 'and the following point (d) is added:
"(d) the licence for the activity of the data centre."
13. in Article 5 (2), the following sentence shall be inserted after the first sentence: "If a legal person is a member of a statutory body, these conditions shall be fulfilled by its representative. The legal person shall also be required to fulfil the condition of integrity. '.
14. In Article 5, at the end of the text of paragraph 2, the words "this shall not apply in the case of a licence for the activity of a market operator and a licence for the activity of a data centre 'are added.
15. in the first sentence of Article 5 (3), the word "further" shall be inserted after the word "must."
16. in Article 5, the following paragraph 8 is inserted after paragraph 7:
"(8) In addition, compliance with the requirements for the form and internal system of management of the commercial corporation, the requirements for shareholders, the form and type of shares and the eligibility requirements for the function of board member and head of staff of the data centre laid down by this Act for the data centre is a prerequisite for granting a licence for the activities of the data centre. '
Paragraphs 8 and 9 shall be renumbered paragraphs 9 and 10.
17. in Article 10 (4), the words ", market operator or data centre activities" shall be inserted after the words "Paragraph 3 (2)."
18. In Paragraph 11, the following paragraphs 7 to 11 are inserted after paragraph 6:
"(7) Save as otherwise provided in this law, the licence holder shall account for electricity, electricity, gas or gas supply or gas for a settlement period not exceeding 14 calendar months in succession. For customers whose collection point is equipped with continuous measurement of electricity or gas supply, the settlement period shall be 12 calendar months in succession, unless the licence holder and the customer are evaluated for a shorter settlement period. For gas customers in the category of medium customer or wholesale customer and for electricity customers whose demand point is connected to a transmission system or to a distribution system at high or very high voltage, the settlement period shall be a calendar month, unless the agreed other length of the settlement period is, but not more than 12 calendar months in succession. The settlement period shall always end on the effective date of the change in the supplier of electricity or gas or on the date of termination of the supply of electricity or gas.
(8) Save as otherwise provided in this law, the licence holder shall account for the distribution of electricity or the distribution of gas related services in electricity or related services in gas for a settlement period not exceeding 14 calendar months in succession. The accounting period for which the holder of the licence for the transmission of electricity, distribution of electricity, transport of gas or distribution of gas accounts for related services in electricity or related services in gas, provided that the related service in electricity or the related gas service to the point of demand equipped with continuous measurements is the calendar month, unless the agreed other duration of the accounting period is, but not more than 12 calendar months in succession. The settlement period shall always end on the date of termination of the service provision of the transmission system, transmission system or distribution system.
(9) Where the licence holder provides the electricity distribution service related to the electricity transfer point to the sharing group, he shall be obliged to charge the related electricity service and its price for the quantity of electricity shared in the transmission point using the distribution system.
(10) The holder of a licence for the production of electricity, electricity, gas or gas shall provide a bill of account no later than 15 days after receipt of the data for the accounting of the supply of electricity or gas for the settlement period. The holder of a licence for the transmission of electricity, distribution of electricity, transport of gas or distribution of gas shall provide a bill of account not later than 15 days after the evaluation of the measurement data or the receipt of the measured measurement data for the settlement period.
(11) The holder of a licence for the production or distribution of heat energy shall account for the supply of heat for a settlement period which shall not exceed 12 calendar months in succession but shall always be on 31 December of the calendar year which is the last day of the settlement period. The accounting period shall always end on the date of termination of the heat energy supply. The holder of a licence for the production or distribution of heat energy shall provide a bill for the supply of heat for the settlement period not later than 28 February of the following year, unless otherwise agreed with the customer. Where the settlement period ends at a date other than 31 December, the heat energy supplier shall account for the supply of heat at the last day of that settlement period at the latest by the end of the following calendar month. ';
Paragraph 7 shall become paragraph 12.
19. In Article 11, the following paragraph 13 is added:
"(13) The supply of the bill referred to in paragraphs 10 to 12 shall mean the production of the bill document and its dispatch, transfer or making available to the recipient of the transaction. ';
20. in Article 11c (2) and (3):
"(2) The supplier of electricity or gas shall, at the latest on the 30th day before the expiry of the agreed duration of the contract referred to in paragraph 1, notify the consumer, as evidenced and address, for the continued duration of the contract commitment,
(a) the amount of the price for the supply of electricity or gas or the method of its determination;
(b) payment terms;
(c) the amount of the contractual fine or other financial performance in the event of a breach of the obligation to collect electricity or gas for the period agreed or the manner in which they are determined; and
(d) the duration of the commitment from the contract to which the commitment is extended.
Where a contract negotiated with a consumer refers to the terms and conditions of a supplier of electricity or gas, the supplier of electricity or gas shall, at the same time as the notification referred to in the first sentence of the consumer, provide the wording of these terms and conditions or a reference to the website where the terms and conditions are published. In addition, the notice referred to in the first sentence shall include a lesson on the right of the consumer to terminate the obligation of the contract without penalty under paragraph 1.
(3) Where the supplier of electricity or gas fails to fulfil one of the obligations referred to in paragraph 2 or does not instruct the consumer about the right to terminate the obligation without penalty, the contract shall be considered to have expired after the duration of the obligation as an indefinite contract with the price for the supply of electricity or gas in force on the last day of the commitment to the contract. Where the lowest price for the supply of electricity or gas published by the supplier of electricity or gas on the last day of the term of the fixed-term obligation for contracts concluded for an indefinite period is lower than the price referred to in the first sentence, the lowest published price for the supply of electricity or gas shall apply. This shall be without prejudice to the right of the supplier of electricity or gas to increase the price of the supply of electricity or gas under the conditions laid down in Paragraph 11a (2), provided that such a right is agreed in the contract for the supply of electricity or gas or the contract for the combined supply of electricity or gas. ';
21. in Paragraph 11c, the following paragraph 4 is added:
"(4) The contract for the supply of electricity or gas or the contract for the combined supply of electricity or gas concluded for an indefinite period may be terminated with a notice period of 3 months beginning on the first day of the calendar month following the receipt of the notice. An arrangement whereby the consumer or customer entering into the contract in an adhesion manner is entitled to terminate the contract at longer notice shall not be taken into account. '
22. the following Section 11ca is inserted after § 11c:
(1) The supplier of electricity or gas is obliged to provide the consumer, in writing, with information on the way in which the electricity or gas price can be determined in accordance with the proposed contract and the advantages and risks associated with the conclusion of a contract with a dynamic price determination, in particular the risk of extraordinary fluctuations in the prices of the electricity or gas supplied, in advance of the conclusion of a contract with a dynamic price determination, and to advise the consumer that the supply of electricity or gas can only be initiated if the point of purchase is equipped with a continuous measurement.
(2) Where the consumer has negotiated a contract for the supply of electricity or gas or a contract for combined electricity or gas supply services with a dynamic price determination, he is entitled to terminate the obligation of a contract with a notice period of one month beginning on the first day of the calendar month following receipt of the statement by the supplier of the electricity or gas.
(3) A contract for the supply of electricity or gas or a contract for combined electricity or gas supply services with a dynamic price determination concluded with the consumer will not become effective before the consumer's point of demand is equipped with continuous measurement of electricity or gas. This shall not affect the right of the consumer to terminate the obligation under paragraph 2.
(4) Paragraphs 1 and 2 shall apply mutatis mutandis to contracts with other means of determining the price dependent on changes in the price of electricity or gas in organised electricity or gas markets. Paragraph 3 shall apply mutatis mutandis to contracts with other means of determining the price dependent on changes in the price of electricity or gas on organised markets in electricity or gas, unless the terms and conditions agreed allow the consumer to respond to the notification of the price determined by cancelling the contract or by starting the purchase of electricity or gas at a price other than the price determined at the latest on the effective date of the price determined.
(5) An arrangement which authorises suppliers of electricity or gas to change the agreed price to a dynamic price determination or other price determination dependent on changes in the price of electricity or gas in organised markets in electricity or gas or to change the duration of the commitment from the contract without the explicit consent of the consumer shall not be taken into account. "
23. § 11d reads:
A contract for the supply of electricity or gas or a contract for a fixed-term combined service of supply of electricity or gas may be concluded with the consumer for a maximum period of 36 months from the start of supply. Where the contract was concluded for a period of more than 36 months from the start of the supply, it shall be deemed to have been concluded for a period of 36 months from the start of the supply. This shall be without prejudice to the possibility for the consumer to negotiate in the contract in accordance with the sentence of the first extension of the duration of the contract commitment for a further period of time. ';
24. In Paragraph 12, the sentence "When heat is produced in a combined electricity and heat plant, the obligation to provide an energy installation and to allow the licensed activity to be carried out on a combined heat and power plant shall be added at the end of paragraph 1. '.
25. In Paragraph 12, the sentence "Where the heat energy for supplies in excess of the licence is produced in a combined heat and power plant, the holder of the heat energy production licence shall be entitled to produce and supply the electricity produced in that installation. 'is added at the end of paragraph 2.
26. In Article 12, the following paragraph 5 is added:
"(5) The owner of an energy installation shall have the right to compensation for its provision and use in order to fulfil the obligation to supply heat energy and the obligation to distribute electricity and to distribute gas beyond the scope of the licence. The amount of the refund shall be determined by the Energy Regulatory Authority. The Energy Regulatory Authority may also decide to approve the amount of the refund if it is assessed by the owner of the installation and by the licence holder in excess of the licence and if the amount of the refund is not manifestly disproportionate. ';
Paragraphs 5 and 6 shall become paragraphs 6 and 7.
27. Article 13, including the title, reads:
Proven loss and reasonable profit for the obligation to provide electricity or gas
(1) Where such a law or a decision pursuant to it imposes an obligation on a supplier of electricity or gas to ensure the supply of electricity or gas to a category of customers, or where that law or decision pursuant to it imposes an obligation to refrain from the termination of a contract under which it supplies electricity to a designated point of demand, or the termination or interruption of the supply of electricity or gas, and where that law or other legislation does not provide for any other means of payment of a demonstrable loss, the supplier of electricity or gas shall have the right to pay a demonstrable loss and a reasonable profit, provided that the price of supply does not cover the legitimate costs of supply of electricity or gas and a reasonable profit.
(2) Proven loss and reasonable profit are paid by State budget subsidies. The Ministry shall decide on the grant of the State Budget at the request of the electricity or gas supplier. The amount of losses incurred shall be demonstrated by the supplier of electricity or gas.
(3) The method of calculating the identifiable loss and reasonable profit is laid down by the Government by a regulation. "
28. in Article 16 (1) (g), the words "territorial development policy" shall be inserted after the words "opinion on."
29. in Article 16 (1), point (v) is deleted;
Point (w) shall be renumbered (v).
30. In Paragraph 16, the dot is replaced by a comma at the end of paragraph 2 and the following point (f) is added:
"(f) agree to carry out other activities of the market operator or data centre.";
31. in Article 17 (7) (g), the words "the Order of the Data Centre," shall be inserted after the words "the market."
32. in Article 17 (7) (t):
"(t) keeps a register of intermediaries and a Community register, decides to grant and withdraw an authorisation for the activity of the intermediary, records and erases the data of intermediaries in the register of intermediaries, registers the Community in the Community register, changes the data entered in the Community register, decides to delete the Community from the Community register and deletes the Community from the Community register;"
33. In the first sentence of Article 17 (12), the words "distribution system or 'are replaced by the words" distribution system, gas storage system operator,', the words "or activity of the data centre 'are replaced by the words" gas storage,';
34. in Paragraph 17 (12), the last sentence is deleted;
35. in Article 17 (13), the words "data centre" shall be inserted after the words "administrative authorities."
36. in Article 17d (1), the first sentence is replaced by the following: "The parties to the electricity market which, in accordance with the price regulations, pay the price for the operation of the non-network infrastructure and the parties to the gas market which, in accordance with the price regulations, pay the price for the activities of the market operator are obliged to pay a fee for the activity of the Energy Regulatory Authority at these prices."
37. in Article 17d (2), "2,50" is replaced by "4,40."
38. in Article 17d (3), "1,40" is replaced by "2,60."
39. in Article 17e (2) (c), the words "gas and" shall be replaced by the words "gas," and the words "and the Order of the Data Centre" shall be inserted after the words "market."
40. In the first sentence of Paragraph 19a (1), the words "gas storage devices directly connected to the transmission system 'are deleted.
41.In Article 19a (2), the words "the activities of the market operator, including the charge for the activity of the Energy Regulatory Authority," shall be replaced by the words "the operation of non-network infrastructure."
42.In Paragraph 19a (3):
"(3) The price of the related gas service shall be the price of the gas service or distribution system service, including the price for the activities of the market operator, including the charge for the activities of the Energy Regulatory Authority. The price for the service of cross-border use of the gas storage tank shall be the compensation of the rebate for the gas transport service provided at the entry and exit points of the gas storage tank in accordance with the directly applicable European Union code governing the network code of harmonised transmission tariff structures for natural gas (49). ';
43. In § 19a (9), the words "data centre" shall be inserted after the word "buyer."
44. The following Section 19ca is inserted after Section 19c:
Price for operation of non-network infrastructure
(1) The price for the operation of the non-network infrastructure consists of the price for the activities of the market operator, the price for the activity of the data centre and the charge for the activity of the Energy Regulatory Authority.
(2) The price for the operation of the non-network infrastructure in the part constituting the charge for the activity of the Energy Regulatory Authority and the price for the activities of the market operator shall be borne by the electricity market participants to the market operator at the price for the related electricity services through the transmission system operator and the regional distribution system operator.
(3) The price for the operation of non-network infrastructure in the part constituting the price for the activity of the data centre shall be paid by the electricity market participants in the price for the related electricity services via the transmission system operator or the regional distribution system operator to the data centre. '
45. in Article 19d (7), the word "market" shall be inserted after the word "participant."
46. In Article 19f (3), the first sentence is replaced by the following: "Where a government regulation provides for a procedure for settling payments to cover demonstrable losses and reasonable profits made during a specified period, payments to the market operator for payment of demonstrable losses and reasonable profits made before settlement of payments for advance payments shall be considered."
47. In Article 19f, at the end of paragraph 3, the sentence "If a participant in the electricity or gas market does not request the reimbursement of a demonstrable loss and reasonable profit over a specified period of time, it shall be obliged to repay all advance payments made to the market operator by the deadline laid down by the Government regulation. '
48. In Article 19f, the following sentence is added at the end of paragraph 4: "Where a government regulation establishes a procedure for settlement of payments to cover demonstrable losses and a reasonable profit provided during a specified period, the participant in the electricity or gas market shall be required to provide evidence of the audit report on the accuracy of the data provided in the application at the same time with the request for reimbursement of the demonstrable loss and reasonable profit over a specified period; This does not apply to a participant in the electricity or gas market who is not legally obliged to have financial statements certified by the auditor for a specified period. The audit report shall be provided by a participant in the electricity or gas market to the Energy Regulatory Authority. ';
49. In Paragraph 19f, at the end of paragraph 8, the dot is replaced by a comma and the following point (f) is added:
"(f) the range of data verified by the auditor and the scope of the verification by the auditor."
50. In Article 20 (1), the words "the licence holder for the activity of the data centre 'shall be inserted after the words" the transmission system'.
51. in Article 20 (6), the words "activity of the data centre" shall be inserted after the words "market,"
52. in Article 20a (3), the words "and 8" shall be inserted after the words "2 to 6."
53.In Article 20a (4), the words "and include guarantees of origin which have expired in the calculation of the residual energy mix 'shall be added at the end of the text in point (x).
54. in Article 20a (4) (aa), the words "except for the proportion covered by the guarantees of origin applied and withdrawn and the guarantees of origin transferred to another Member State" shall be deleted;
55. in Paragraph 20a, at the end of paragraph 4, the dot is replaced by a comma and the following points (cc) and (dd) are added:
"(cc) to provide or make available to a registered electricity market participant measured and evaluated electricity supply and demand data taking into account shared electricity;
(dd) provide the data centre with information on the assigning of the electricity supplier, the clearing entity and the distribution system operator to the transfer points assigned to the sharing group. ';
56. In Paragraph 20a, at the end of paragraph 6, the dot is replaced by a comma and the following points (i) and (j) are added:
"(i) the measured and evaluated electricity supply and consumption data, and the measured and evaluated electricity supply and consumption data, taking into account shared electricity at transfer points assigned to the sharing group from the data centre;
(j) to pay the price for the activities of the market operator and the charge for the activity of the Energy Regulatory Authority from distribution system operators, transmission system operator and transmission system operator. ';
57. The following Sections 20b to 20i are inserted after Section 20a, including the headings and footnotes No 60:
Energy Community and Renewable Resources Community
(1) The Communities are the energy and renewable energy communities.
(2) The Energy Community is a legal person with the form of a cooperative, cooperative or other corporation whose internal circumstances under the founding act are similar in substance to those of the association or cooperative in substance, and
(a) the purpose of which is to provide environmental, economic or social benefits to its members or to the territory in which it operates;
(b) whose activity is the production of electricity, the sharing of electricity, the supply of electricity or the pursuit of other activities or the provision of other services related to the provision of energy needs by its members;
(c) in which voting rights belong only to members who are natural persons, small enterprises (60), territorial authorities or voluntary associations of municipalities or other local authorities' contributory organisations and no one other than those members may directly or indirectly exercise a decisive influence therein;
(d) where membership can be terminated by unilateral legal action against the energy community at any time and free of charge; and
(e) which is registered as an energy community in a Community register maintained by the Energy Regulatory Authority.
(3) The Community for Renewable Resources is a legal person with the form of a cooperative, cooperative or other corporation whose internal circumstances under the founding act are similar in terms of content and purpose to those defined by the law of the association or cooperative; and
(a) the purpose of which is to provide environmental, economic or social benefits to its members or to the territory in which it operates;
(b) whose activity is the production of electricity or other forms of energy from renewable energy sources, the supply of electricity, the sharing of electricity or the pursuit of other activities or the provision of other services related to the provision of energy needs by its members;
(c) the members of which are only natural persons, small or medium-sized enterprises (60), local authorities or voluntary associations of municipalities or other local and local authorities' contribution organisations;
(d) in which voting rights belong only to members who are in the vicinity of energy facilities operated by such a legal person and no one other than those members may exercise, directly or indirectly, a decisive influence;
(e) where membership may be terminated by unilateral legal action against the Community for Renewable Resources at any time and free of charge; and
(f) which is registered as a renewable resource community in a register maintained by the Energy Regulatory Authority.
(4) The name of the Energy Community may contain the designation "Energy Community 'and the name of the Community for Renewable Resources may include the designation" Renewable Community'. Those who are not a community must not use the term 'energy community' and 'renewable resource community'.
(5) The Community's founding act also contains a definition of the purpose of the Community. The founding act of the Community for Renewable Resources also includes a definition of the territory in which the Renewable Resources Community is to produce electricity from renewable energy sources and which is legally relevant for determining the status of member in the vicinity of energy facilities. This territory may comprise a continuous territory of administrative districts of not more than 3 municipalities with extended scope or the territory of the capital city of Prague.
(6) A member in the vicinity of an energy establishment shall mean a member who has his residence or registered office or establishment in the territory defined in the founding act referred to in paragraph 5.
(7) The Community shall maintain a list of members, which shall also include the following information:
(a) the name and surname, the name or business name of the member, the place of residence or the registered office and the date of birth in the case of a natural person, the registered office of the legal person and the identification number, if any;
(b) the type of membership;
(c) the number of votes of the member with voting rights;
(d) for members of the Energy Community having the right to vote, an indication as to whether the member is a natural person, a small enterprise, a local authority, a voluntary association of municipalities or any other local authority organisation which is not an undertaking;
(e) for members of the Community for renewable sources, an indication as to whether the member is a natural person, a small or medium-sized enterprise, a whole of the local authorities, a voluntary association of municipalities or any other contribution organisation of a local authority which is not an undertaking;
(f) in the case of members of the Community for renewable sources in the vicinity of energy facilities, the address of the residence or registered office or establishment in the territory defined in the founding act referred to in paragraph 5.
(8) Where the Community is in the form of a cooperative or other similar commercial corporation, it may, if the founding act so permits, allocate not more than 33% of the profits and other own resources only to its members,
(a) does not jeopardise the fulfilment of the purpose of the Community and the safeguarding of the needs of members of the Community;
(b) where the fund produces a profit of at least 30% of the share capital which cannot be distributed among members.
(9) Where the Community takes the form of a corporation or other similar corporation which is not a commercial corporation, the distribution of profits or other own resources shall be prohibited.
Some requirements for membership and measures to protect members of the Community
(1) The membership of Community members with voting rights shall have the same content, unless different types of membership of Community members with voting rights are identified in the founding act, depending on the different types of needs of the members provided by the community or where there is another fair reason. The second sentence shall apply mutatis mutandis to determine the content of membership of members of the Community without voting rights.
(2) If membership is terminated by a member of the Community who is a natural person within 1 month of the entry into force of the membership on the basis of an application, he shall not become a member of the Community unless he has already started exercising the rights associated with membership in the Community.
(3) The Community shall be obliged to deliver a decision to amend the content of membership to all members whose rights and obligations it interferes with. If the Community decides to change the content of membership, such changes shall not be effective in relation to a member of the Community who has not voted in favour of such a change and at the latest within 1 month of the date of receipt of the decision to change the content of the Community membership, it shall state in writing that it ceases membership.
(4) Membership is transferred to a legal successor if it fulfils the conditions of membership under this Act and the founding act. A member of the Community shall be entitled to transfer his membership to another if such person fulfils the conditions of membership under this Act and the founding act. The prohibition or restriction of the transfer of membership in the founding act shall not be taken into account. The transfer or transfer of membership shall not change the content of the membership.
(5) If the Community's founding act determines the period of notice for termination of membership, the period of notice may not exceed 3 months. If a member of the community is deprived of the right of ownership or use for a collection point, the transfer point of which is part of the sharing group shall be a notice period of 1 month. The period of notice shall begin on the first day of the month following receipt of the notice. The provision of a founding act determining a longer period of notice shall not be taken into account.
(6) The highest body of the community, which takes the form of a association, is the membership meeting.
(7) A member of a community with voting rights may not exercise a voting right on the highest authority with votes exceeding 10% of the total vote in the Community. When assessing the ability of the Community Supreme Authority to act, decisions shall be taken and resolutions shall not be taken into account in votes with which a member of the Community may not exercise the right to vote.
Community registration
(1) Community registration shall be carried out on request.
(2) The application for Community registration contains:
(a) the name or business name of the applicant, his registered office and identification number, if assigned;
(b) the subject matter of the activity;
(c) the name and surname, residence and date of birth of the members of the applicant, in the case of natural persons, and the name or business name of the applicant, and the registered office of the members of the applicant who are legal persons, and the identification number of the members, if assigned, indicating which of those members are to be voting rights and which of those members is a small or medium-sized enterprise;
(d) the name and surname, residence and date of birth, in the case of natural persons, and the name or business name and registered office, in the case of legal persons, and the identification number, if any, if any, of members' establishments in the vicinity of energy facilities, in the case of an application for a Community registration for renewable sources;
(e) the applicant's declaration of which member or members exercise decisive influence.
(3) A copy of the Community registration application
(a) the founding act;
(b) proof of the establishment of a legal person;
(c) documents showing that the applicant is a small or medium-sized enterprise or a declaration by the applicant's member that he is a small or medium-sized enterprise.
(4) The Energy Regulatory Authority shall enter the applicant in the Community Register if the conditions laid down in Article 20b (2) (a) to (d) or (3) (a) to (e) are met and the applicant has not been deleted from the Community Register in the last 3 years under Article 20g (3). The Energy Regulatory Authority shall inform the applicant of the registration made no later than 7 days after the entry into the Community register.
(5) Where the conditions laid down in Article 20b (2) (a) to (d) or (3) (a) to (e) are not met, the Energy Regulatory Authority shall decide that the applicant does not meet any of the conditions laid down in Article 20b (2) (a) to (d) or (3) (a) to (e) for the Community registry and shall not register the applicant. The decision referred to in the first sentence shall be the first act in the proceedings. The Energy Regulatory Authority shall also not enter the applicant in the Community Register if the applicant has not paid an administrative fee or has been deleted from the Community Register in the last 3 years pursuant to Article 20g (3) and shall inform the applicant accordingly.
(6) Before entering a Community register, the persons authorised to apply for registration of the Community as a legal person may submit an application for registration in the public register. The Energy Regulatory Authority shall register the established legal entity before it is entered in the public register if it is established that the legal entity has been established and if it is reasonable to assume that at the time of its creation it will comply with the conditions laid down in Article 20b (2) (a) to (d) or (3) (a) to (e).
(7) If the incorporated legal entity does not register in the public register within 90 days of registration in the Community register, the Energy Regulatory Authority shall delete it from the Community register.
Contents
ČÁST PRVNÍ
Čl. I
㤠11ca
㤠11d
㤠13
㤠19ca
㤠20b
§ 20c
§ 20d
§ 20e
§ 20f
§ 20g
§ 20h
§ 20i
㤠27
㤠27a
§ 27b
§ 27c
§ 27d
㤠27e
§ 27f
㤠29
㤠29a
§ 29b
§ 29c
§ 29d
㤠31
㤠96ba
㤠97b
Čl. II
ČÁST DRUHÁ
Čl. III
㤠9c
ČÁST TŘETÍ
Čl. IV
ČÁST ČTVRTÁ
Čl. V
ČÁST PÁTÁ
Čl. VI
ČÁST ŠESTÁ
Čl. VII
ČÁST SEDMÁ
Čl. VIII
㤠47ba
Čl. IX
ČÁST OSMÁ
Čl. X
ČÁST DEVÁTÁ
Čl. XI
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Regulation Information
| Citation | Act No. 469 / 2023 Coll., amending 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, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2023 |
|---|---|
| Effective from | 01.01.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 487
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