Decree No. 488 / 2021 Coll.
Order on the terms of connection to the gas system
Valid
Order
Effective from 01.01.2022
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488
DECLARATION
of 10 December 2021
on the conditions for connection to the gas system
Pursuant to Section 98a (2) (g) 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. 158 / 2009 Coll., Act No. 211 / 2011 Coll. and Act No. 382 / 2021 Coll.:
Subject matter
This decree sets out the conditions for the connection of gas generation, distribution systems, gas storage units and customer demand points to the gas system, the way in which the share of the costs associated with the connection and the provision of the required capacity is determined, the technical requirements for the construction of the pipeline purchased by the distribution system operator, the rules for assessing the simultaneous requirements for connection, the conditions for the installation of the necessary facilities to ensure the safe and reliable operation of the distribution system in gas production plants and the conditions for the establishment and operation of gas composition adjustment facilities.
Definition of terms
For the purposes of this decree:
(a) by the applicant, a natural or legal person who requests connection to a parent system and who is entitled to use an installation on the basis of a right of ownership or other, or intends to build an installation in a given territory, or who intends to modify an installation already connected to the parent system;
(b) the superior system of the transmission system, distribution system, gas storage or production pipeline to which the applicant requests the installation to be connected;
(c) gas plant, distribution system, direct pipeline, sampling gas plant or gas storage tank;
(d) the location of the connection point of the gas installation of the parent system operator in which the connection of the applicant's installation is made on the basis of a signed connection contract (1);
(e) the required capacity of the amount of transport or distribution capacity indicated in the application for connection as the size of the total maximum and minimum hourly quantity of gas collected or delivered for each sampling and transfer point, or the size of the storage capacity of the gas storage tank indicated in the application for connection as the size of the total maximum and minimum daily production and input capacity required;
(f) by connecting the facility to the implementation of such measures by the operator of the parent system, on the basis of which the facility can be put into service in accordance with the contract concluded,
(g) the technical conditions for the connection by the operator of the parent system to the system operated by it at the connection point.
Conditions for connection of the applicant's equipment
(1) The conditions for connecting the applicant's equipment are:
(a) the conclusion of a connection agreement between the applicant and the parent system operator;
(b) compliance with the technical connection conditions laid down in the contract concluded by the operator of the parent system;
(c) the fact that the connection of the installation will not jeopardise the safe and reliable operation of the parent system; and
(d) the proposed minimum power of the installation corresponding to the total annual gas collection from the transmission system or the supply of gas to the transmission system of at least 10 000 MWh if the connection of the installation to the transmission system is required.
(2) Paragraph 1 shall not apply and the condition that the applicant's equipment is connected to the parent system is only to the conclusion of a connection contract in the absence of a change in the technical conditions of the connection with:
(a) the change of identification data;
(b) a change of the licence holder for the production of gas, storage or distribution of gas operating the connected installation without interruption of the connection of the equipment to the parent system; or
(c) a change in the natural or legal person authorised to use the gas sampling facility; in the case of a customer of a household category and a retail customer, the particulars of the application for the conclusion of the connection contract are set out in Annex 1 to this decree.
Application for connection
(1) The applicant submits a paper or electronic application for connection to the parent system
(a) before the connection of the new installation;
(b) before changing the required capacity of the existing connected installation;
(c) before changing the technical conditions of the connection, the connection point or the location of the measuring device with the existing connected equipment;
(d) before attaching the device to another pressure level;
(e) before changing the required maximum and minimum hourly quantities of gas;
(f) prior to a change in the nature of the sampling point; or
(g) before changing the measuring device.
(2) In the case of changes referred to in points (c) to (g) of paragraph 1 which are initiated and implemented by the parent system operator, no application shall be made. In the case of a change referred to in point (e) of paragraph 1 which concerns a customer of a household category or a retail customer with the characteristics of cooking, preheating of hot water or heating according to the regulation governing the gas market rules, Paragraph 3 (1) shall not apply and the condition that the applicant's equipment is connected to the parent system is only the conclusion of a connection contract if the change in the required maximum or minimum hourly gas quantity does not exceed 20% of the values agreed in the existing connection contract and the expected annual gas consumption in the existing connection contract is no more than 63 MWh.
(3) The application for connection shall be submitted separately for each installation; where each installation is defined separately in the application, an application may be submitted for a summary of the sampling or transfer points.
(4) The details of the application for installation are set out in Annexes 2 to 7 to this Decree.
Assessment of the application for connection
(1) The parent system operator shall assess the request for connection in respect of:
(a) the required location and date of connection;
(b) the technical feasibility of the required connection;
(c) the size of the capacity required;
(d) the extent and timing of the gas supply or collection;
(e) the order of the applications submitted,
(f) compliance with pressure ratios on the applicant's and the parent system operator's equipment;
(g) the influence of the connected equipment on the safety and reliability of operation of the parent system;
(h) the qualitative characteristics of the gas supplied by the connected equipment to the parent system; and
(i) the planned development and restoration of the superior system.
(2) In the absence of all the elements referred to in Section 4 in the application for connection, the operator of the parent system shall clearly invite the applicant within 12 days of receipt of the request to supplement the data provided to the extent necessary in accordance with Section 4 and shall set a reasonable time limit. At the same time, the applicant shall indicate that the application will not be considered if the data to the extent requested are not completed.
Technical connection conditions
(1) The parent system operator shall propose the technical connection conditions in such a way that the technical execution of the connection of the equipment is based on the planned development and restoration of the parent system, taking into account the minimisation of the cost of the connection by the parent system operator and the applicant.
(2) Where an operator determines in the draft technical connection conditions that it is necessary to build a gas connection or other technical installation for the connection of the applicant's demand gas installation to the parent system, the connection contract shall include, in addition to the connection point of the gas connection or other technical equipment to the parent system, the connection point of the applicant's demand gas installation to the gas connection or other technical equipment.
(3) In the case of a request for a gas plant to be connected to a distribution system, the distribution system operator shall propose the connection conditions to the extent specified in Annex 10 to this Regulation so that they comply with the requirements for the technical readiness of the relevant part of the distribution system. In other cases of a request for connection of a gas production plant, the parent system operator shall propose technical connection conditions to include the conditions for installation of the necessary equipment to ensure the safe and reliable operation of the parent system.
(4) If the connection or operation of the applicant's equipment is a necessary condition for setting up gas composition adjustment devices, the operator of the parent system shall propose the technical connection conditions to include the installation and operation conditions of those gas composition adjustment devices.
Application for a connection agreement
(1) If, on the basis of the assessment referred to in Article 5 (1), the operator of the parent system accepts the request for connection, he shall submit a proposal for the conclusion of the connection agreement by the date of receipt of the complete request, in the case of:
(a) the distribution system operator or the gas pipeline to the applicant from the category of customers of the medium or large customer within 60 days;
(b) the distribution system operator or the gas pipeline to the applicant from the category of household or retail customers within 30 days;
(c) the transmission system operator or gas storage device operator to the applicant within 120 days; or
(d) the distribution system operator or the gas pipeline operator within 90 days.
(2) If, on the basis of an assessment of the application pursuant to Article 5 (1), the connection is not possible for reasons on the part of the parent system operator, the parent system operator shall notify the applicant of the reasons for the impossibility of connection within the time limit referred to in paragraph 1. The parent system operator shall state the specific reasons for which the applicant's equipment cannot be connected under the required conditions.
(3) Where the installation of the applicant can be connected under conditions other than those required, the parent system operator shall communicate in writing to the applicant within the time limit referred to in paragraph 1, including the reasons for which the installation cannot be connected under the required conditions and the conditions under which the installation of the applicant may be connected, and shall submit a proposal to the applicant for the conclusion of the connection contract.
(4) The application for the conclusion of the connection contract referred to in paragraph 1 shall be binding for a period of 60 days from the date of notification to the applicant.
(5) The parent system operator shall reserve the required capacity for the applicant for the duration of the application for the connection contract referred to in paragraph 4. If the applicant does not accept the proposal to conclude the connection contract within the time limit referred to in paragraph 4, the reserve of the required capacity shall cease.
In the case of a requirement under § 3 (2) (a) to (c), the parent system operator shall submit to the applicant a proposal for the conclusion of the connection agreement within 14 days of the date of receipt of the request. In the case of a requirement under the sentence of the first applicant of the household category and of a retail customer and in the case of a requirement under Paragraph 4 (2), the parent system operator shall submit a proposal for the conclusion of a connection agreement within 7 days of the date of receipt of the request.
Ensuring the required capacity
(1) The provision of the required capacity for the connection point is maintained for a period of 12 months from the date of the termination of the obligation for the supply of the gas transport service in the event of the termination of the obligation for the connection point, and where the applicant submits an application for connection to the existing connection point at that time, that period is extended for a further 12 months.
(2) The provision of the required capacity for the connection point will cease if the gas transport service contract has not been concluded within 12 months of the date of connection agreed in the connection contract. This shall not apply where the transmission system operator and the applicant agree in writing to extend this period; the period referred to in the first sentence shall be extended by a maximum of 12 months.
(3) The provision of the required capacity for the connection point shall last for 12 months from the date of the termination of the obligation under the distribution system service contract in the event of the termination of the obligation.
(4) If the distribution system service contract has not been concluded within 12 months of the date of connection agreed in the connection contract, the provision of the required capacity for the connection point shall cease. This does not apply to customers in the category of medium and wholesale customers where the distribution system operator and the applicant agree in writing to extend this period; the extension may be for a maximum period of 12 months.
(5) The provision of the required storage capacity for the collection or transfer point in the event of the termination of the obligation under the gas storage contract shall cease.
(6) If a customer with a type A or B measurement under the Gas Measurement Order has not agreed with the distribution system operator a corresponding increase in fixed daily distribution capacity within 12 months of the date of the change in the connection contract, the collateral at the required capacity increase value shall cease to exist. This shall not apply where the distribution system operator and the applicant agree in writing to extend this period; the extension may be for a maximum period of 12 months.
The applicant's share of the eligible costs associated with the connection and the provision of the requested capacity
(1) Reimbursement of the applicant's share of the eligible costs of the distribution system operator associated with the connection shall not apply in the case of connection of the applicant's gas demand facility to the distribution system.
(2) The reimbursement of the applicant's share of the eligible costs of the transmission system operator associated with the connection shall not apply in the case of the connection of the distribution system to the transmission system.
(3) The gas manufacturer, the distribution system operator, the applicant for the connection of a demand gas device to a gas storage tank or the gas storage tank operator shall bear the eligible costs of the parent system operator associated with the connection of its equipment to the parent system in full, except in the case referred to in paragraph 4.
(4) The applicant shall bear a share of the eligible costs associated with the connection of its transmission system equipment at an amount fixed in accordance with the procedure laid down in Annex 8 to this Regulation.
(5) Where, on the part of the applicant, there is no contractual agreement on the start of the test operation or start of the gas collection, or where there is an end to the provision of a capacity increase pursuant to Article 9 (6), the applicant shall pay the operator of the parent system the eligible costs associated with the connection and the provision of the required capacity in full. In calculating the full costs, the parent system operator shall include only the costs referred to in paragraph 6.
(6) The eligible costs shall include only the necessarily necessary costs corresponding to the amount of the required capacity, location and method of connection of the applicant's equipment related to the acquisition, construction or modification of the parent system, which the applicant has caused to the extent of its requirement in connection with the connection of its equipment, including the cost of obtaining project documentation, obtaining a final territorial decision and building permit, geodetic orientation and other directly related investment costs, including costs directly related to the acquisition of the service and the purchase of land.
(7) The eligible costs do not include the costs of setting up a pipeline connection. In addition, the costs associated with the connection and the provision of the required capacity shall not be included in the costs related to the acquisition, construction or modification of the parent system, which, by their scope, exceed the necessary level of capacity required by the applicant and the location and connection of its equipment.
(8) The applicant's share of the eligible costs shall not apply in the cases referred to in Articles 3 (2) and 4 (2). This is not the case if the period of reservation of capacity has expired pursuant to § 9.
On the basis of the contract, the applicant for the connection of the transmission system equipment shall pay an advance on the share of the eligible costs of 50% of the value of the share of the eligible costs determined in accordance with Annex 8 to this Decree. The amount of the deposit is up to CZK 50 000 000. The applicant shall pay an advance on the share of the eligible costs within 15 days of the date of conclusion of the connection to the transmission system.
Where the customer has been reduced or interrupted by the supply of gas to a demand point due to unauthorised collection, transport or distribution of gas, the customer shall bear the eligible costs of the parent system operator associated with the provision of gas in full. The eligible costs related to gas supply cover only the necessarily necessary costs related to the re-connection of the customer's equipment corresponding to the amount of the required capacity, location and method of connection.
Device connection conditions beyond standard connection
(1) Where an applicant requests the installation to be connected in excess of the standard connection, in particular where he requests a specific method of construction or technical execution of the connection of the equipment to the parent system, which does not take into account the minimisation of the costs of the connection by the parent system operator and the applicant in accordance with § 6 (1) and (2), the applicant shall bear the eligible costs associated with the implementation of the superstandard connection or the specific construction or technical design of the connection in full.
(2) If the connection of the applicant's installation to the installation of gas composition adjustment equipment is a necessary condition, the installation shall be connected beyond the standard connection.
Technical requirements for the construction of the mining pipeline
The technical requirements for the construction of the extractive pipeline connecting the gas production from renewable energy sources to the distribution system purchased by the distribution system operator are set out in Annex 9 to this Decree.
Transitional provisions
(1) The request for connection, the request for the conclusion of the connection contract or the request for modification of the connection contract submitted before the date of entry into force of this decree shall be assessed in accordance with Decree No. 62 / 2011 Coll., on the terms of the connection to the gas system and on the amendment of Decree No. 251 / 2001 Coll., laying down the Rules for the operation of the transmission and distribution systems in the gas industry.
(2) If the gas service contract or the distribution system service contract were terminated before the date of entry into force of this decree, the duration of the capacity reservation for the sampling or transfer point is assessed in accordance with Decree No. 62 / 2011 Coll.
(3) If the connection agreement was concluded before the date of entry into force of this decree, the loss of the required capacity for the connection point shall be assessed in accordance with Decree No. 62 / 2011 Coll.
Repeal
Decree No. 62 / 2011 Coll., on the conditions for connection to the gas system and amending Decree No. 251 / 2001 Coll., laying down the Rules for the operation of the transmission and distribution systems in the gas industry, is hereby repealed.
Efficacy
This Decree shall take effect on 1 January 2022.
Council President:
Zavíček, Ph.D., v. r. o.
Příloha č. 1
Annex No 1 to Decree No 488 / 2021 Coll.
OBSERVATIONS OF THE REQUEST FOR THE CLOSURE OF THE TREATY FOR THE APPROACH TO THE GAS COLLECTION IN THE CHANGE OF THE HOUSEHOLD CATEGORIES AND SMALL DEBRATES
Data on the applicant
(1) The applicant shall indicate:
(a) identification of the customer in the form of:
1. the names, names, surnames, addresses of the place of permanent residence or residence, if the applicant has no place of permanent residence, and the date of birth for the household category; or
2. the identification number, if any, and the name, surname and, if any, the addendum or business name in other cases;
(b) a correspondence address, if different from the address of the applicant's place of residence / residence or registered office;
(c) contact telephone number, e-mail address, data box identifier, if available.
(2) The applicant further
(a) declares honestly that it is entitled exclusively to use a gas sampling facility on the basis of property rights or to demonstrate that it is entitled to use a gas sampling facility on the basis of another right, or that it has the consent of the owner of the property concerned to connect the gas sampling facility; and
(b) it attests a statement by the original customer that it is clear that it has ceased to use the gas sampling device or honestly declares that the original customer is not known to it.
Installation data
(1) The applicant shall indicate in the application:
(a) the address of the sampling point and, where necessary for a clear identification, the apartment number and the floor of the apartment,
(b) together with the address of the sampling point referred to in (a), at least one of the following:
1. EIC Code 3) of the sampling point,
2. the number of the measuring device measuring the amount of gas at the sampling point;
3. where appropriate, another indication clearly identifying the sampling point;
(c) data deducted from the measuring equipment, if possible.
Příloha č. 2
Annex No 2 to Decree No 488 / 2021 Coll.
OBSERVATIONS OF THE APPLICATION FOR ACCESS TO THE TRANSPORT SYSTEM
Data on the applicant
(1) The applicant registered in the Commercial Register shall indicate in the application:
(a) a commercial firm;
(b) details of registration in the Commercial Register, including the file tag;
(c) the address of the registered office;
(d) a correspondence address, if different from the address of the applicant's registered office;
(e) contact telephone number, e-mail address, data box identifier,
(f) identification number, if any,
(g) the tax identification number, if any.
(2) The applicant who is not registered shall indicate in the application:
(a) the name, surname and, if any, the addendum or name;
(b) the date of birth in the case of a natural person;
(c) the address of the place of permanent residence or residence, if the applicant has no place of permanent residence or registered office;
(d) a correspondence address, if different from the address of the applicant's place of residence / residence or registered office;
(e) contact telephone number, e-mail address, data box identifier,
(f) identification number, if any,
(g) the tax identification number, if any.
Installation data
(1) The applicant shall indicate in the application:
(a) whether the gas plant, gas storage unit, distribution system or demand gas installation is connected;
(b) the cadastral territory and the parcel number of the connected installation;
(c) the address of the connected installation and, if not allocated, its geographical coordinates in the world geodetic system 1984 (WGS84);
(d) an indication of the document proving the property's right to land or any other legal title allowing the construction of the connected installation and the removal or transfer point by the applicant;
(e) a representation of the situation of broader relations with the indication of the connected installation and the sampling or transfer point and a situation drawing of the location of the connected installation and the sampling or transfer point in relation to the surrounding installation, transport, water and energy infrastructure and electronic communications infrastructure, including the corresponding protection and safety zones, on a scale allowing its unambiguous location, including the indication of the scale and indication of the boundaries of the land, objects and a description of the neighbouring, in particular, land, buildings, communications;
(f) diagram of the connected device;
(g) the required connection date;
(h) the size of the capacity required;
(i) minimum transmission pressure.
(2) The applicant shall also indicate in the application:
(a) the required connection conditions:
1. Annual maximum and minimum amount of gas,
2. Daily maximum and minimum amount of gas,
3rd hour maximum and minimum amount of gas,
4. expected quarterly distribution of gas quantities,
(b) predominant nature of gas collection - heating or technolog4),
(c) the existence of a multiceptive system and the inventory of gas appliances;
(d) the estimated dates for the construction of the connected equipment and the start of its operation:
1. start and end of construction,
2. connection of the device,
3. gas input,
4. start of operation or early use of equipment.
(3) In case of connection of a gas production facility, the applicant shall also indicate:
(a) data on the estimated quantity and time of gas supply to the system;
(b) the composition and quality parameters of the gas supplied to the system.
Příloha č. 3
Annex No. 3 to Decree No. 488 / 2021 Coll.
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Regulation Information
| Citation | Decree No. 488 / 2021 Coll., on the Conditions of Connection to the Gas System |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.2021 |
|---|---|
| Effective from | 01.01.2022 |
| Effective until | - |
| Status | Valid |
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