Government Decree No 470 / 2022 Coll.
Decree of the Government on the procedure for determining the amount of aid and paying back of aid under the Act on Supported Energy Resources following notification or decision on the compatibility of aid with the internal market of the European Union
Valid
Regulation
Effective from 01.01.2023
Text versions:
01.01.2023
30.12.2022
470
GOVERNMENT REGULATION
of 21 December 2022
on the procedure for determining the amount of aid and the reimbursement of aid under the Law on supported energy sources following notification or decision on the compatibility of aid with the internal market of the European Union
The Government mandates for the implementation of Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Acts, as amended by Act No. 407 / 2012 Coll., Act No. 310 / 2013 Coll., Act No. 90 / 2014 Coll., Act No. 131 / 2015 Coll., Act No. 107 / 2016 Coll., Act No. 190 / 2016 Coll., Act No. 103 / 2017 Coll., Act No. 183 / 2017 Coll., Act No. 541 / 2020 Coll., Act No. 367 / 2021 Coll., Act No. 382 / 2021 Coll., Act No. 143 / 2022 Coll.
Subject matter
This Regulation provides for
(a) common rules for the retroactive payment of electricity, heat and biomethane;
(b) the procedure for determining the amount of the aid for electricity, the maintenance aid for electricity, the promotion of heat, the maintenance aid for heat and the promotion of biomethane under the Law on Supported Energy Resources and the method of paying it back for the period from the start of the right to aid to the date before the date of application of the Energy Regulatory Authority decision following the publication of the decision of the European Commission on the compatibility of the aid with the internal market of the European Union ("Commission Decision on the compatibility of the aid"),
(c) the method of repayment of transitional transformation heat aid under the Law on Supported Energy Resources for the period from the date of the establishment of the aid right to the date of publication of the Commission decision on the compatibility of the aid in the Official Journal;
(d) the procedure for determining the amount of the aid for electricity, the maintenance aid for electricity, the heat aid, the maintenance aid for heat and the promotion of bio-methane under the Law on Supported Energy Resources and the method of paying it back for the period from the date of the entry into force of the right to aid until the date of application of the Energy Regulatory Authority decision issued in the case of notification of aid under the Commission Regulation declaring certain categories of aid compatible with the internal market in accordance with Articles 107 and 108 of the Treaty on the Functioning of the European Union (the General Block Exemption Regulation);
(e) the rules for the retroactive payment of the electricity payment for the amount of traction electricity consumed in the operation of railway transport on the railway, tramway, trolleybus and cable track by the date preceding the publication of the European Commission Decision on the compatibility of the non-inclusion of electricity consumed in the operation of railway transport into the amount of electricity covered by the electricity payment (hereinafter referred to as the Commission Decision on the payment of electricity for traction electricity) in the Official Journal.
Common rules for the retroactive payment of electricity, heat and biomethane support
(1) The market operator is covered by the aid for electricity, the maintenance aid for electricity, the heat aid, the maintenance aid for heat or the aid for bio-methane for the period from the date of the granting of the right to aid until the date of application of the Energy Regulatory Authority price decision following the publication of the Commission decision on the compatibility of the aid in the Official Journal or following the notification of the aid under the General Block Exemption Regulation.
(2) The right to retroactive payment of the aid shall apply to electricity, heat or bio-methane plants put into service or modernised after all conditions have been met, or have been in operation to maintain electricity or heat production in the year for which the aid is provided for in the Government Regulation defining the development of supported energy sources, but not earlier than 1 January 2022.
Determination and repayment of the aid
(1) Where the Energy Regulatory Authority determines, for the calendar year, the amount of aid for the promotion of electricity, the maintenance support for electricity, the support for heat, the maintenance support for heat or the promotion of biomethane only during that calendar year, this amount shall apply for the whole calendar year.
(2) Unless the Energy Regulatory Authority has determined the amount of aid for the calendar year that has elapsed, the amount of aid fixed by the Energy Regulatory Authority for the following calendar year shall apply for that calendar year at the latest for the following calendar year.
(3) Aid for electricity, maintenance aid for electricity, heat, heat or biomethane shall be paid by the market operator within 120 days of the date on which:
(a) publication of the Commission decision on the compatibility of the aid in the Official Journal where the electricity producer, the heat producer or the producer of biomethane has submitted to the market operator the data for charging the aid before its publication in the Official Journal;
(b) the entry into force of the Energy Regulatory Authority price decision in the case of aid notified under the General Block Exemption Regulation where the electricity producer, the heat producer or the biomethane producer has transmitted to the market operator the data for the accounting of the aid before the price decision is issued; or
(c) the transmission of values for the accounting of aid in cases not referred to in (a) and (b).
(4) The transitional heat transformation aid for the period from the onset of the right to aid to the date preceding the publication of the Commission Decision on the compatibility of the aid in the Official Journal shall be paid by the market operator within 30 days of the date of the notification of the aid.
(a) a publication of the Commission decision on the compatibility of the aid in the Official Journal where the non-renewable heat producer has transmitted to the market operator the data for the accounting of the aid before its publication in the Official Journal; or
(b) the transmission of values for the accounting of aid in cases not referred to in (a).
Rules on the retroactive payment of electricity payments for traction electricity
(1) A customer operating railway transport on a rail, tramway, trolleybus or cable track (hereinafter referred to as "rail transport") may, after publication of the Commission decision on the payment of electricity for traction electricity in the Official Journal to the transmission or distribution system operator from whose system it receives traction electricity and with which it has a contract concluded to provide a transmission or distribution system service, the right to cover the difference between the payment for the price component of the distribution system service or the price component of the electricity service (hereinafter referred to as "the difference of payment for electricity support) pursuant to paragraph 3, on the basis of a request for payment for the payment of electricity support and the submission of data on the quantity of traction electricity consumed in the operation of the electricity in the distribution period of the service in question.
(2) After publication of the Commission decision on the payment of electricity for traction electricity in the Official Journal to the electricity supplier with whom the contract for combined electricity supply services has been concluded, the customer may exercise the right to pay the difference between the payment for electricity referred to in paragraph 3, on the basis of a request for payment of the difference in the payment for electricity and the transmission of data on the quantity of traction electricity consumed in the operation of the rail transport in a split period. The electricity supplier shall exercise the right to pay for the difference in the payment to support the electricity within 10 working days of receipt of the request from the customer against the transmission or distribution system operator from whose system the rail transport customer has withdrawn traction electricity.
(3) On the basis of the data referred to in paragraph 1 or 2, the transmission or distribution system operator shall re-establish the amount of the electricity payment for the period from 1 January 2022 to the last settlement period in which the electricity payment has been set for the quantity of electricity collected, including the amount of traction electricity consumed in the operation of the railway transport, and shall determine the difference between the amount of traction electricity consumed in the operation of the railway transport, in accordance with Section 28a of the Act on Supported Energy Resources and the payments for the promotion of electricity without the amount of traction electricity consumed in the operation of the railway transport under Section 28a of the Act on Supported Energy Resources.
(4) On the basis of the data referred to in paragraph 3, the regional distribution system operator shall transmit to the market operator the difference between the electricity payments paid, including the amount of traction electricity consumed in the operation of the railway transport pursuant to Section 28a of the Act on Supported Energy Resources and Electricity Payments without including the amount of traction electricity consumed in the operation of the railway transport pursuant to Section 28a of the Act on Supported Energy Resources. The difference between the electricity payment paid by the regional distribution system operator and the market operator in the split into traction electricity, after which the demand point was invoiced according to the agreed reserved power under Section 28 of the Energy Supported Act and traction electricity after which the demand point was invoiced according to the total quantity of electricity withdrawn under Section 28a of the Energy Supported Act. In the same distribution, the regional distribution system operator shall also transmit to the market operator the quantities of traction electricity consumed in the operation of rail transport.
(5) The local distribution system operator shall transmit the data referred to in paragraph 3 to the operator of a superior local distribution system or a superior regional distribution system by means of a statement in accordance with the Decree governing the electricity market rules. The regional distribution system operator shall include these data in the data transmitted pursuant to paragraph 4 to the market operator.
(6) On the basis of the data submitted, the market operator shall pay the transmission system operator or regional distribution system operator a payment to support the electricity that the transmission system operator or regional distribution system operator has paid to the customer directly or through the local distribution system operator or electricity supplier.
(7) The transmission or distribution system operator shall pay the difference in electricity support payments referred to in paragraph 3 within 30 days of receipt of the request referred to in paragraph 1 to the customer or pursuant to paragraph 2 to the electricity supplier or the connected local distribution system operator. The electricity supplier or the local distribution system operator shall pay the difference in electricity payments to the customer within 10 working days of its receipt from the transmission or distribution system operator.
Transitional provisions
(1) Where a Commission decision on the compatibility of the aid has been published before the date of entry into force of this Regulation or a notification has been made pursuant to the General Block Exemption Regulation, the relevant price decision of the Energy Regulatory Authority has taken effect and the values for the accounting of the aid have been transmitted, the market operator shall pay the aid within 120 days of the date of entry into force of this Regulation.
(2) Where, before the date of entry into force of this Regulation, a Commission decision on payments to support electricity for traction electricity has been published and the customer has transmitted data on the amount of traction electricity consumed in the operation of rail transport, the transmission or distribution system operator or electricity supplier shall pay the difference in the payment to support electricity within 30 days of the date of entry into force of this Regulation.
Repeal
Government Regulation No. 266 / 2017 Coll., on the promotion of electricity and heat from supported energy sources, is repealed.
Efficacy
This Regulation shall take effect on 1 January 2023.
Prime Minister:
Prof. PhDr. Fiala, Ph.D., LL.M., v. r.
Minister for Industry and Trade:
Ing. Síkela v. r.
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Regulation Information
| Citation | Decree of the Government No 470 / 2022 Coll., on the procedure for determining the amount of aid and paying back of aid under the Act on Supported Energy Resources following notification or decision on the compatibility of aid with the internal market of the European Union |
|---|---|
| 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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