Decree No. 489 / 2021 Coll.
Ordinance on procedures for registration of aid to a market operator and implementation of certain other provisions of the Act on Supported Energy Sources (Registration Order)
Valid
Order
Effective from 01.01.2022
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489
DECLARATION
of 10 December 2021
on procedures for registering aid with a market operator and implementing certain other provisions of the Act on Supported Energy Sources (Registration Order)
The Energy Regulatory Authority ("the Authority ') provides, pursuant to § 53 (2) (c) to (f) and (i) of Act No. 165 / 2012 Coll., on Supported Energy Sources and on the amendment of certain laws, as amended by Act No. 131 / 2015 Coll. and Act No. 382 / 2021 Coll., (" the Act'):
Subject matter
This decree sets out the dates and procedures for the selection of electricity support for a market operator, the procedure for the registration of electricity support, the operating heat support, the transitional transformation support for heat and the operating support for biomethane for a market operator (hereinafter referred to as "the aid registration '), the dates and procedure for the selection of the form of electricity support and its changes and the date of the supply of electricity by the renewable electricity producer to the purchaser.
Definition of terms
For the purposes of this decree:
(a) producer of energy (1), producer of tepla2), producer of heat from a non-renewable source or producer of biomethane;
(b) in the form of aid for the purchase price, the green electricity bonus in the annual or quarter-hour scheme, the auction bonus in the annual or quarter-hour scheme, the green heat bonus in the annual scheme, the green biomethane bonus in the annual scheme, the biomethane auction bonus in the monthly scheme or the heat production transformation bonus.
Procedure for registration of aid
(1) When registering aid in a market operator's system, the energy producer shall indicate:
(a) energy producers;
(b) electricity sources, Tepla3), heat generation from a non-renewable source or biomethane production, and
(c) aid.
(2) Furthermore, when registering aid in a market operator's system, the energy producer will honestly declare whether it is a firm in difficulty under § 38 (1) (a) of the Act and whether it has outstanding debt under § 38 (1) (b) of the Act. The change of status according to the phrase of the first energy producer in the market operator system shall be recorded without delay in the form of a new affidavit including an indication of the date of the change.
(3) The date of registration of the aid shall be the date on which the energy producer has fully and correctly registered the data necessary to register the aid referred to in paragraph 1.
Registration of energy manufacturer data
(1) The energy manufacturer shall enter in the market operator's system its identification, contact and payment data as set out in Annex 1 to this Regulation and affix it with a recognised electronic signature.
(2) The market operator in a market operator's system shall assign a registration number to the energy producer after the registration of the data referred to in paragraph 1, unless it is already allocated under the Decree governing the rules of the electricity or gas market and allow it access to the market operator's system.
Registration of electricity source data
(1) The manufacturer in the market operator's system shall specify the electricity source as set out in Annex 2 to this Regulation.
(2) The market operator will assign a unique identifier to the market operator system
(a) electricity sources; and
(b) a power plant which includes a registered source of electricity, unless it is already allocated by the electricity plant under the Decree governing the rules of the electricity market.
Registration of heat and heat production data from non-renewable sources
(1) The non-renewable heat producer and the non-renewable heat producer in the market operator's system shall provide the data on the non-renewable heat plant or the non-renewable heat plant referred to in Annex 3 to this Regulation.
(2) The producer of heat and the producer of heat from a non-renewable source operating a non-renewable source or heat from a non-renewable source, which is also a power generation company, also records the data referred to in Annex 2 to this Decree.
(3) The market operator will assign a unique identifier to the market operator's non-renewable heat and heat system.
Registration of biomethane production data
(1) The producer of biomethane in the market operator's system shall provide the data on the biomethane production plant in accordance with Annex 4 to this Regulation.
(2) The producer of biomethane operating in the biomethane production plant, which is also a power generation plant, shall provide the information set out in Annex 2 to this Decree.
(3) The producer of biomethane operating the biomethane production plant, which is also a heat production plant, will provide the information set out in Annex 3 to this Decree.
(4) The market operator shall assign a unique identifier to the market operator's biomethane system unless it is already assigned under the Gas Market Regulation.
Registration of aid data
(1) The energy producer shall provide the information on the aid referred to in Annex 5 to this Regulation.
(2) The manufacturer of high-efficiency cogeneration with green bonus support will choose the number of operating hours of the power plant.
(3) In case of registration of aid in the form of an auction bonus or an auction bonus for biomethane, the producer or producer of biomethane shall indicate the reference auction price.
Verification of data to register electricity support
(1) The market operator shall immediately inform the transmission system operator or distribution system operator, through the market operator system, of the records of the electricity source data. The transmission system operator or distribution system operator shall inform the market operator and the manufacturer through the market operator system without undue delay, no later than four working days from the date of receipt of the information referred to in the first sentence, whether its data on the identification code of the transfer points, the way in which the electricity source is connected, the value of the installed power output of the electricity source, the date of connection of the power source to the transmission or distribution system from the protocol on the first parallel connection or similar document, and the date of installation of the measurement equipment at the transfer point, are consistent with the data provided by the manufacturer in the market operator's system. Where certain data do not conform, the TSO or the distribution system operator shall inform the market operator concerned of the data.
(2) The market operator shall immediately verify the conformity of the data registered in accordance with paragraphs 4 and 5 with the data previously registered in the market operator system, with the data in the decision granting the power generation licence or with the data in the decision amending the decision granting the power generation licence, with the information of the transmission system operator or distribution system operator referred to in paragraph 1 and, in the case of the auction bonus support, with the data in the decision granting the right to the auction aid.
Verification of heat promotion data
The market operator shall immediately verify the conformity of the data registered in accordance with Sections 4 and 6 with the data in the decision granting the heat energy licence or with those in the decision amending the decision granting the heat energy licence. In the case of a non-renewable heat plant or a non-renewable heat plant, pursuant to Article 6 (2), the market operator shall at the same time verify the conformity of the electricity source data in accordance with the procedure laid down in Article 9.
Verification of data to register biomethane support
(1) In the event that the biomethane plant is connected directly or via the gas plant of another gas producer to the transmission system or distribution system, the market operator shall immediately inform the transmission system operator, distribution system operator or other gas manufacturer to which the biomethane plant is connected, through the market operator's system, of the registration of data on the biomethane production plant pursuant to § 7. The transmission system operator, distribution system operator or other gas manufacturer shall inform the market operator and the biomethane manufacturer through the market operator system without undue delay, no later than 7 working days from the date of receipt of the information referred to in the first sentence, whether its data on the identification code of the transfer points, the type of measurement device installed at the transfer point and whether the biomethane production is connected to the transmission system, the distribution system or the equipment of another gas producer coincides with the data registered by the biomethane manufacturer in the market operator system. Where certain data do not match, the transmission system operator, distribution system operator or other gas producer shall inform the market operator in question.
(2) The market operator will immediately verify the conformity of the data registered in accordance with § 4 and 7 with the data previously registered in the market operator's system, with the data in the decision to grant a gas licence or with the data in the decision to amend the decision to grant a gas licence, in the case of aid in the form of an auction bonus for biomethane, in the case of the decision to grant the right to grant aid from an auction operator and in the case of a biomethane connected to the transmission system, distribution system or gas producer. In the case of a biomethane plant which is simultaneously a power or heat generation plant, the market operator shall also verify the compliance of the data pursuant to § 9 or 10.
Verification result
(1) The market operator shall, through the market operator system, immediately inform the energy manufacturer of the verification of the compliance of the data pursuant to paragraphs 9 to 11 and of the date of registration of the aid.
(2) If the verified data pursuant to § 9 to 11 do not match, the market operator shall immediately inform the energy producer that the registration of the aid has not been carried out and for which the data has not been verified.
(3) The energy manufacturer shall correct non-compliance data or provide new evidence to the market operator and explain the discrepancy in the data verified with the TSO, transmission system operator or distribution system operator or other gas producer. The market operator shall verify the corrected data pursuant to Sections 9 to 11 and, if the discrepancy in the data has been corrected or has been unambiguously and undeniably explained, the market operator shall inform the energy manufacturer of the registration, otherwise the registration shall not be carried out. The market operator shall justify the failure to register by the energy manufacturer. Where data have been corrected, the date of registration shall be the date of registration of the corrected data.
Changes in registered data to register aid
(1) The energy producer in the market operator system shall immediately make changes to the registered data pursuant to Sections 4 to 8. The market operator shall verify the updated data in accordance with the procedure set out in Sections 9 to 11. The market operator shall immediately inform the energy manufacturer, through the market operator system, of the verification of the compliance of the data and of the change of registered data made. If the data do not match, the market operator shall inform the energy manufacturer that the change in the registered data has not been made. The energy manufacturer shall immediately correct data that do not match. After recording the corrected data by the energy manufacturer, the market operator shall re-verify them in accordance with Sections 9 to 11.
(2) In the event of a change of aid to:
(a) maintenance support for electricity;
(b) maintenance support for heat;
(c) aid for electricity produced in a modernised electricity production plant; or
(d) aid for biomethane
the market operator shall verify all data registered by the energy manufacturer in accordance with the procedure set out in Sections 9 to 11. Paragraphs 3 (3) and 12 shall apply mutatis mutandis.
(3) In the case of changes not referred to in paragraph 2, there shall be no change in the date of registration of the aid.
(4) The electricity producer in the market operator system shall, for the following calendar year at the latest by 30 November of that calendar year, except in the cases referred to in paragraph 2:
(a) the change in the number of operating hours of the electricity production plant; or
(b) changing the form of support for electricity from renewable sources from a green bonus to a purchase price or from a purchase price to a green bonus; the change made for the following calendar year cannot be re-changed in the market operator system.
(5) The market operator shall immediately inform the purchaser of the change of registered data and make available to the market operator's system the data necessary for the conclusion, modification or termination of the compulsory purchase contract.
Transitional provisions
(1) The registration of aid started before the date of entry into force of this Decree is completed in accordance with Decree No. 9 / 2016 Coll., on the procedures for the registration of aid to a market operator and the implementation of certain other provisions of the Act on Supported Energy Sources (Registration Order).
(2) The registration of aid under Decree No 9 / 2016 Coll. remains valid.
Repeal
Decree No. 9 / 2016 Coll., on the procedures for registration of aid with a market operator and the implementation of certain other provisions of the Act on Supported Energy Sources (Registration Order), 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 489 / 2021 Coll.
Energy producer identification and other data for registration of aid in the market operator system
1. Business company (completed by energy producer - entrepreneur registered in the Commercial Register).
2. Name or surname (completed by the energy manufacturer not registered in the Commercial Register).
3. Location broken down: State, county, municipality with postal code, street and descriptive number, or registration number.
4. Address for delivery (if not identical to the address of the registered office).
5. Address of e-mail.
6. Contact telephone number.
7. The name and surname of the person to be assigned by the market operator to the market operator system.
8. Person identification number.
9. Tax identification number.
10. Bank connection (Bank account in CZK).
Příloha č. 2
Annex No 2 to Decree No 489 / 2021 Coll.
Data on the electricity source for the registration of aid in the market operator system
1. The location of the electricity source - region, municipality, or parts thereof, street name, descriptive and indicative number, if assigned, postal code, name and code of the cadastral territory where the electricity source is located, Partition number of the land according to the cadastral property on which the electricity source is located.
2. Licence number for electricity production.
3. Identification of the transmission system operator or distribution system operator to which the electricity generation plant comprising the registered electricity source is connected, including indication of whether the production is connected to the system
a. Directly;
b. Through the sampling point;
b.
4. EAN of the transmission points of the electricity plant or of the EAN of the demand points and their transmission points through which the electricity plant, which includes the registered electricity source, is connected to the system.
5. Installed electrical power supply in MW.
6. Type of supported resource used for electricity generation.
7. The date of the first parallel connection of the electricity source under the Decree governing the reporting of energy from supported sources.
8. The date of installation of the measuring device at the transmission point of the power plant, including the registered source of electricity.
9. If the manufacturer has multiple bank accounts registered in the market operator system, it shall assign a specific bank account number to the electricity source.
10. The voltage level of the distribution system to which the electricity plant is connected, including the registered source of electricity.
11. Certificate of origin of electricity from high-efficiency cogeneration including date of issue of the certificate.
12. Certificate of origin of electricity from secondary energy sources including date of issue of the certificate.
13. Investment costs associated with commissioning or modernization of the production or electricity source in CZK without VAT broken down by:
a. Amount of investment costs, of which
i.
ii. to the construction site,
ii. others.
b. Specifications of the purpose of the investment (construction, modernisation, purchase).
Investment costs for the purposes of this Order shall mean investments related to the acquisition, installation or establishment of a production plant or electricity source, carried out not later than 12 months after the plant or electricity source has been put into service. The cost of renting or other exploitation rights and the cost of acquiring land shall not be included in the investment costs.
14. Inrefundable investment aid from public funds for the construction or modernisation of a production plant or electricity source (hereinafter referred to as subsidies), broken down by:
a. The amount of the subsidy.
b. Name of the subsidy programme or action.
c. Grant Provider.
d. Specifications of the purpose of the grant.
e. Identification of the decision granting the subsidy (decision number, date of acquisition of legal authority) or of the grant contract (contract number, effectiveness).
In case of cumulation of several subsidies, the data shall be presented separately for each subsidy. If the subsidy is part of a larger non-refundable investment aid from public funds, the amount of the subsidy shall be expressed in proportion to the investment costs of the construction or modernisation of the production plant or the electricity source to the total investment costs of the investment supported. The provisions of point 13 shall apply mutatis mutandis to the determination of investment costs.
Příloha č. 3
Annex No 3 to Decree No 489 / 2021 Coll.
Data on the non-renewable heat and heat plant for the registration of aid in the market operator system
1. The location of the non-renewable heat plant, the region, the municipality, or parts thereof, the street name, descriptive and indicative number, if assigned, the postal code, the name and code of the cadastral territory where the non-renewable heat or heat plant is located, the partynumber of the land according to the cadastral location on which the non-renewable heat or heat plant is located.
2. The licence number for the production of heat energy.
3. Identification of the heating distribution system of the heat supply system to which the heat energy from the heat plant or the heat plant from the non-renewable source is supplied, including the licence number for the heat distribution.
4. Identification of the useful heat measurement point in the case of biogas production plants, excluding landfill and sludge gas, with an installed electrical power up to 500 kW.
5. Installed heat output of heat or heat production from non-renewable sources in MW.
6. Type of supported source used for heat production.
7. Investment costs for the acquisition or modernisation of the heat plant in CZK without VAT broken down by:
a. Amount of investment costs, of which
i.
ii. to the construction site,
ii. others.
b. Specifications of the purpose of the investment (construction, modernisation, purchase).
The investment costs for the purposes of this decree are those related to the acquisition, installation or establishment of a heat plant, carried out not later than 12 months after the heat plant is put into service. The cost of renting or other exploitation rights and the cost of acquiring land shall not be included in the investment costs.
8. Non-refundable investment aid from public funds for the construction or modernisation of heat production (hereinafter referred to as "subsidies'), broken down by:
a. The amount of the subsidy.
b. Name of the subsidy programme or action.
c. Grant Provider.
d. Specifications of the purpose of the grant.
e. Identification of the decision granting the subsidy (decision number, date of acquisition of legal authority) or of the grant contract (contract number, effectiveness).
In the case of cumulation of several grants, the amount required shall be shown separately for each subsidy. If the subsidy is part of a larger non-refundable investment aid from public funds, the amount of the subsidy shall be indicated in proportion to the investment costs of the construction or modernisation of the heat plant to the total investment costs of the aided investment project. The provisions of point 7 shall apply mutatis mutandis to the determination of investment costs.
Příloha č. 4
Annex No 4 to Decree No. 489 / 2021 Coll.
Data on the biomethane production plant for the registration of aid in the market operator system
1. Location of the biomethane manufacturing plant - region, municipality, or parts thereof, street name, descriptive and indicative number, if assigned, postal code, name and code of the cadastral territory where the biomethane production plant is located, Partition number of the land according to the property register on which the biomethane production plant is located.
2. Gas licence number.
3. Identification of the transmission or distribution system operator or other gas manufacturer or gas station operator or supply unit to which the biomethane plant is connected and, in the case of connection of the biomethane plant to the transmission or distribution system, the method of connection:
Right.
b. Through its own mining pipeline.
c. Through the gas plant of another gas plant.
4. EIC code of the point of the biomethane plant through which the biomethane plant is connected to the transmission or distribution system or to the gas plant of another gas plant or to a service station or supply unit.
5. Installed capacity of the biomethane plant Nm3 / year.
6. Biomethane production type:
a. Biomethane production, which includes biogas plants and biogas treatment, all of which are not more than 5 years old at the date of entry into service (new).
b. Biomethane production, which includes biogas plants and biogas treatment, which is produced by the modification of the electricity or heat plant, where there is no possibility of any other legal aid (conversion).
c. Biomethane production which includes only biogas treatment equipment for biomethane (cleaning).
7. Type of supported biogas used for the production of biomethane:
a. Biogas from a biogas station.
b. Sludge gas.
c. Bulk gas.
8. Date of connection of the biomethane plant to the transmission or distribution system or to another gas plant or to the service station or supply unit.
9. Date of installation and type of measuring device at the transfer point of the biomethane production plant connected to the transport or distribution system or to another gas production plant, or date of installation of the specified meter according to the Metrology Act at the transfer point of the biomethane production plant directly connected to the service station or dispenser.
10. The pressure level of the transmission or distribution system or, where applicable, the extraction pipeline of another gas manufacturer or the extraction pipeline connecting the biomethane production plant directly to the service station or supply unit.
11. Investment costs associated with putting the new biomethane plant into operation in CZK without VAT broken down by:
a. Amount of investment costs, of which
i. Biogas production technology;
ii. into biogas treatment technology for biomethane;
iii. to the construction part,
Other
b. Specifications of the purpose of the investment (construction or purchase).
The investment costs for the purpose of this decree are those related to the acquisition, installation or establishment of a biomethane factory, carried out not later than 12 months after the Biomethane plant is put into service. The cost of renting or other exploitation rights and the cost of acquiring land shall not be included in the investment costs.
12. Inrefundable investment aid from public funds for the construction of a new biomethane plant (hereinafter referred to as "subsidies"), broken down by:
a. The amount of the subsidy.
b. Name of the subsidy programme or action.
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Regulation Information
| Citation | Decree No. 489 / 2021 Coll., on procedures for registration of aid with a market operator and implementation of certain other provisions of the Act on Supported Energy Sources (Registration Order) |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.2021 |
|---|---|
| Effective from | 01.01.2022 |
| Effective until | - |
| Status | Valid |
Public Contracts 1
Dodatek č. 2 ke smlouvě o dílo
Technické služby Zlín, s.r.o.
E-expert, spol. s r.o.
145 200 CZK
03.01.2025
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
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