Government Decree No. 5 / 2023 Coll.
Government regulation on compensation for supply of electricity and gas at specified prices
Valid
Effective from 12.01.2023
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5
GOVERNMENT REGULATION
of 4 January 2023
on compensation for the supply of electricity and gas at specified prices
The Government orders pursuant to Paragraph 19f (8) of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended by Act No. 287 / 2022 Coll.:
Subject matter
(1) This Regulation regulates, following the determination of electricity and gas prices by a government in an exceptional market situation under another legislation1)
(a) the extent of the eligible costs of the supply of electricity or gas, the method of calculation of the demonstrable loss incurred on account of the supply of electricity or gas at a specified price of electricity or gas in an exceptional market situation under another legislation (1) and the reasonable profit ("compensation"), the relevant date for calculating the compensation and the period for which compensation is paid;
(b) the procedure and dates for settlement of the difference between the advance payments and the amount of compensation for a specified period;
(c) the dates and formalities for the application for compensation, the extent of the supporting documents provided to the market operator and the manner in which the claim for compensation was submitted to the market operator;
(d) rules and deadlines for reimbursement of compensation;
(e) the rules and deadlines for granting the subsidy for the reimbursement of the funds to the market operator; and
(f) the range of data specified in the application for compensation for a specified period verified by the auditor and the scope of the verification by the auditor.
(2) Where electricity or gas is supplied to the customer's demand point by the electricity producer or the gas producer or the electricity produced in the electricity production plant to the point of consumption through the direct management of the electricity producer without the use of the transmission or distribution system, the provisions of this Regulation shall apply mutatis mutandis, unless otherwise provided for in this Regulation.
Definition of terms
For the purposes of this Regulation:
(a) the fixed price of electricity or gas agreed at the exact amount for the time-agreed supply period of electricity or gas, either with the validity of one price amount for the whole of the negotiated period of supply of electricity or gas, or the different price agreed for the sub-negotiated periods of the period of supply of electricity or gas, provided that the electricity or gas trader is not authorised to change its amount unilaterally or the price agreed otherwise, or that such authorisation expires by 31 January 2023;
b) the market price of electricity at the spot price achieved in the commercial hour of the day market organised by the market operator in CZK / MWh,
(c) the market spot price of gas at the level of the gas market index EEX European Gas Spot Index for the trading zone Czech Republic EGSI CZ for gas in CZK / MWh,
(d) by the total advance, the sum of the monthly compensation paid and the extraordinary compensation payments made for all months of the specified period, reduced by the amounts returned by the trader to the market operator under Paragraph 97 (1) of the Energy Act or for any other legal reason.
Breakdown of contracts and customers
(1) For the purposes of calculating the compensation, contracts for combined electricity or gas supply services or contracts for the supply of electricity or gas negotiated between the electricity or gas trader and the electricity or gas supply customer during the period 1 January to 31 December 2023 shall be distributed and marked as follows:
(a) type A contract - a contract with the price of electricity or gas, the amount of which is directly dependent on the price of electricity or gas on short-term electricity and gas markets;
(b) type B contract - contract with a different price of electricity or gas than the fixed price concluded by 7 September 2022 at the latest, except for a contract which at the same time meets the content characteristics of the contract type A, F, G or H;
(c) type C contract - contract with a different price of electricity or gas than the fixed price concluded after 7 September 2022, with the exception of a contract which at the same time meets the content characteristics of a contract of type A, F, G or H;
(d) type of contract D - a fixed-price contract for electricity or gas, with the exception of a contract which at the same time meets the content characteristics of a contract type E,
(e) type E contract - fixed electricity or gas contract for the period of supply of electricity or gas not earlier than 1 January 2023 and not later than 31 December 2023 concluded with the customer for the type 1 sampling point or, where applicable, for the type 2 sampling point, where the agreed performance under the type 1 demand point contract also includes the supply of electricity or gas to the type 2 demand point of the same customer;
(f) type of contract F - a contract concluded until 31 December 2022 where the customer has the right to order the trader in electricity or gas to one or more purchases of electricity or gas, and where, in the event of failure to award the order, the purchase made is a proportion of the quantity of electricity or gas or the part defined in MWh or a percentage of the agreed electricity or gas consumption diagram for the agreed period,
(g) a contract of type G - a contract concluded until 31 December 2022 where the customer has the right to give instructions to the electricity or gas trader on one or more purchases or sales of forward electricity or gas products and where the difference between actual consumption at the time of supply of electricity or gas on the day of supply of gas and the difference between the purchase and sale of forward electricity or gas products is settled against the market spot price of electricity or gas taking into account the agreed surcharges;
(h) a contract of type H - a contract concluded after 31 December 2022 where the customer has the right to give instructions to the electricity or gas trader for one or more purchases of electricity or gas, and where, in the absence of an order, the purchased proportion of the quantity of electricity or gas or the part defined in MWh or a percentage of the agreed electricity or gas consumption diagram for the agreed period, or the contract concluded after 31 December 2022 where the customer has the right to give instructions to the electricity or gas trader for one or more purchases or sales of forward electricity or gas products, and where the difference between the purchase and sale of forward electricity or gas is settled against the market price of the electricity or gas with regard to the agreed prices.
(2) Where the agreement of the Contracting Parties on the full content of the contract has been preceded by an agreement on the price of electricity or gas or the acceptance of a bid by a customer, that earlier date shall be deemed to be the date of conclusion of the contract under this Regulation. If the Contracting Parties agree to amend the contract in the part relating to the price of electricity or gas or to the duration of the obligation on the contract or to amend the contract to extend the list of points of demand, the date of conclusion of the agreement shall be deemed to be the date of conclusion of the contract under this Regulation; However, if it is only to extend the list of points of demand without amending the contract in the part concerning the price of electricity or gas or the duration of the commitment to the contract, the date of conclusion of the agreement shall be deemed to be the date of conclusion of the contract under this Regulation only in relation to those new points of demand.
(3) If, during the duration of the contract commitment, there is a change in its content in the part relating to one of the content characteristics applicable to the division of contracts referred to in paragraph 1, the contract shall, from the date on which the change in the content of the contract is effective, be deemed to correspond to a contract of the type referred to in paragraph 1 to which the definition of the content characteristics does not provide otherwise. However, if, during the duration of the contract commitment, the agreed price of electricity or gas or the duration of the contract commitment has been changed by unilateral legal action of the trader in electricity or gas, when the authorisation for such change was based on a unilateral change in the terms of the contract or in any other similar manner without the explicit consent of the consumer client, the contract shall be considered to be a contract of the type to which the definition of the content characteristics was made before the unilateral change.
(4) Where an electricity or gas trader notifies a change in the price of electricity or gas for a type B contract, the type of contract shall not change. Type of contract For the purposes of this Regulation, the following definitions apply: The provisions of the first and second sentences shall not apply if, after the end of the period of application of the fixed price, a change is agreed to the price of electricity or gas, the amount of which is directly dependent on the price of electricity or gas in the short-term electricity and gas markets.
(5) A D-type contract in which an extension of the duration of an undertaking is agreed without the explicit consent of the customer at a fixed price shall be deemed to have been concluded at the time of the extension of the commitment period.
(6) A contract which does not meet the content characteristics of any of the types of contracts referred to in paragraph 1 shall be considered as a contract of the type which is the definition of the content characteristics by the type closest to it.
(7) For the purposes of this Regulation, customer and consumption points shall be distributed and labelled as follows:
(a) type 1 sampling point - a demand point connected to the distribution system at a high voltage level or very high voltage level, or a customer sampling point which, under the legislation governing the gas market rule, is classified as a medium-sized customer or wholesale customer, or a place of consumption associated with the generation electricity via direct line;
(b) the type 2 sampling point - the low voltage demand point connected to the distribution system or the customer sampling point, which, under the legislation governing the gas market rules, is classified as a retail or household.
(8) Contracts and customer and consumer demand points and points of consumption are distributed according to the date of conclusion of the contract, the content of the contract obligation and the classification of the demand point or point of consumption for each period for which the unit basis for calculating the compensation for the supply of electricity or gas is determined.
Determined period and settlement of monthly compensation
(1) Save as otherwise provided for in this Regulation, the period for which the market operator pays compensation is 2023.
(2) The market operator shall pay a monthly payment equivalent to the monthly compensation referred to in Article 7 (6) for the period specified.
(3) After the end of 2023, the final settlement of monthly compensation shall be made.
Unit basis for calculating the compensation
(1) The unit basis for calculating the compensation for the supply of electricity shall be determined for each calendar month's trading hour and the unit basis for calculating the compensation for the supply of gas for each calendar month's gas day.
(2) The unit basis for calculating the compensation for the supply of electricity or gas to the Type 1 demand point for a type A contract shall be determined in the case of a contract concluded:
(a) until 7 September 2022 as the difference between the agreed price of electricity or gas and the determined price of electricity or gas;
(b) after 7 September 2022 as the difference between the lower of the agreed prices of electricity or gas and the market spot prices of electricity or gas plus the premium referred to in Annex 1 to this Regulation and the determined price of electricity or gas.
(3) The unit basis for calculating the compensation for the supply of electricity or gas to the Type 2 demand point for type A contracts shall be determined as the difference between the lower of the agreed prices of electricity or gas and the market spot prices of electricity or gas plus the premium referred to in Annex 1 to this Regulation and the determined price of electricity or gas.
(4) The unit basis for calculating the compensation for the supply of electricity or gas for a Type B contract shall be determined as the difference between the lowest of the values.
(a) agreed electricity or gas prices effective on the first day of the calendar month;
(b) the reference prices for electricity or gas referred to in Annex 2 to this Regulation; and
(c) calculation of the price of electricity or gas pursuant to Article 6 for a group of customers with a contract of this type
and determined price of electricity or gas. The value referred to in point (c) shall not apply on condition that the electricity or gas trader had, on 31 October 2022, secured the purchase of electricity or gas on the basis of forward products at least 80% of the expected consumption of customers with a type B contract for 2023 and the use of the price referred to in point (a) or (b) would have reached a difference between the lower of the values referred to in point (a) or (b), minus the difference between the maximum permissible and the electricity or gas trader actually requested unit levels of compensation and the net annual cost of the purchase of electricity or gas less than twice the lowest premium for type B contracts for electricity or gas referred to in Annex 1 to this Regulation.
(5) The unit basis for calculating the compensation for the supply of electricity or gas for a type C contract shall be determined as the difference between the market spot price of electricity or gas plus the premium referred to in Annex 1 to this Regulation and the determined price of electricity or gas.
(6) The unit basis for calculating the compensation for the supply of electricity or gas for a type D contract shall be determined in the case of a contract concluded:
(a) by 31 December 2022 as the difference between the lower of the agreed prices of electricity or gas and the reference prices of electricity or gas referred to in Annex 2 to this Regulation and the determined price of electricity or gas; the reference price for electricity or gas referred to in Annex 2 to this Regulation shall be used for contracts negotiated for a period of more than 12 months for which more than one fixed price is contractually agreed;
(b) after 31 December 2022, as the difference between the spot price of electricity or gas, plus the premium referred to in Annex 1 to this Regulation and the fixed price of electricity or gas.
(7) The unit basis for calculating the compensation for the supply of electricity or gas for a Type E contract shall be determined in the case of a contract concluded:
(a) until 7 September 2022 as the difference between the agreed price of electricity or gas and the determined price of electricity or gas;
(b) after 7 September 2022 until 31 December 2022 as the difference between the lower of the agreed prices of electricity or gas and the reference prices of electricity or gas referred to in Annex 2 to this Regulation and the fixed price of electricity or gas;
(c) after 31 December 2022 as the difference between the spot price of electricity or gas, plus the premium referred to in Annex 1 to this Regulation and the fixed price of electricity or gas.
(8) The unit basis for calculating the compensation for the supply of electricity or gas for a type F contract shall be determined in the case of a contract concluded:
(a) until 7 September 2022 as the difference between the agreed price of electricity or gas and the determined price of electricity or gas;
(b) after 7 September 2022 until 31 December 2022 as the difference between the lower of the agreed prices of electricity or gas and the reference prices of electricity or gas referred to in Annex 3 to this Regulation and the specified price of electricity or gas.
(9) The unit basis for calculating the compensation for the supply of electricity or gas for a type G contract shall be determined in the case of a contract concluded:
(a) until 7 September 2022 as the difference between the agreed price of electricity or gas and the determined price of electricity or gas;
(b) from 7 September 2022 to 31 December 2022 as the difference between the lower of the agreed prices of electricity or gas and the reference prices of electricity or gas referred to in Annex 4 to this Regulation and the determined price of electricity or gas.
(10) The unit basis for calculating the compensation for the supply of electricity or gas for an H-type contract shall be determined as the difference between the market spot price of electricity or gas plus the premium referred to in Annex 1 to this Regulation and the determined price of electricity or gas.
(11) The unit basis for calculating the compensation for the supply of electricity or gas shall be determined, in the case of the supply of electricity or gas by the supplier of the last instance to the demand point of a customer of category C or D in accordance with the legislation governing the electricity or household or retail market rules pursuant to the legislation governing the gas market rule by the supplier of the last instance, by the supplier of the demand point of category C or D in accordance with the law governing the electricity or household market rules and the specified electricity or gas price.
(12) The unit basis for calculating the compensation for the supply of electricity from the electricity generation plant through direct lines, if the market income ceiling under Paragraph 95b of the Energy Act is higher than the specified price or if a market income ceiling is not established for the fuel used for the production of electricity, depending on the type of contract in accordance with paragraphs 2 to 10.
(13) The unit basis for calculating the compensation for the supply of electricity or gas shall be positive or negative.
(14) For the calculation of the unit basis for calculating the compensation for type 2 sampling points where the price for the supply of electricity is agreed differently for the period of validity of the high and low tariffs, the agreed price shall be replaced by the weighted average of the prices of the low and high tariffs with the weights referred to in Annex 5 to this Regulation. Where only the price of electricity in the high tariff is above the level set, the agreed price of electricity shall be replaced by the price of electricity in the high tariff.
(15) Where all electricity or gas consumption is settled against the market spot price of electricity or gas for a type F or G contract, the unit basis for calculating compensation shall be determined in accordance with the procedure laid down for the type A contract.
Calculation of electricity or gas price for monthly compensation
(1) The calculation of the price of electricity or gas shall be determined as the sum of the net net expected annual cost of purchasing electricity or gas for a group of customers with a type B contract plus the premium referred to in Annex 1 to this Regulation, depending on the net net estimated annual cost of purchasing electricity or gas.
(2) The net estimated annual cost of purchasing electricity or gas, including the effect of reinsurance business, shall be determined as the difference between the estimated annual costs and revenues related to the settlement of transactions which ensure the purchase of electricity or gas for a specified period. The first sentence shall include the sale and purchase of electricity or gas with the physical supply of electricity or gas as well as the sale of electricity or gas without the physical supply of electricity.
(3) The costs related to the settlement of transactions include in particular:
(a) costs related to the settlement of transactions for the purchase of electricity or gas, including the effect of reinsurance business without additional costs on the derogation;
(b) in the case of gas supply, the costs of storage of gas equal to a proportion of the cost of storage capacity, including the transport of gas from or into gas storage tanks, according to the ratio of the use of storage capacity for the supply of gas to a group of customers with a type B contract, without the cost of ensuring a safety standard under Section 73a of the Energy Act.
(4) The proceeds from the sale of electricity or gas after 7 September 2022 are also included in the trade-related sales within the product portfolio, with respect for the change in the portfolio size without additional costs for derogation.
Calculation of the electricity or gas price for compensation for a specified period
(1) Where an electricity or gas trader submits an application for compensation for a specified period, the actual costs shall be used for determining the calculation of the electricity or gas prices of Section 6, mutatis mutandis, instead of the estimated annual costs.
(2) The calculation of the price of electricity or gas shall be determined over the entire period specified. However, where, during a given period, the negotiated price has been reduced below the specified price and no further increase has been made to the specified price, the calculation of the price of electricity or gas shall be determined only for the part of the period during which the electricity or gas trader supplied the electricity or gas at the specified price.
Calculation of the monthly compensation sub-base
(1) For the calculation of the monthly compensation sub-base, the electricity or gas trader shall use for the calendar month the quantity of electricity at the trading hour or the quantity of gas at the gas day per calendar month delivered at the specified price of electricity or gas. The monthly consumption of electricity and gas at the type A and B sampling points shall be made available by the market operator to the electricity or gas trader by the procedure and at the dates provided for in the legislation governing the electricity market rules and the gas market rules. In the case of type C sampling points, the electricity or gas trader shall determine the amount of electricity at the trading time or the amount of gas at the gas day from the consumption of electricity or gas for the monthly evaluation of the derogations made available by the market operator in accordance with the procedure and deadlines laid down by the legislation governing the electricity market rule and the gas market rules. For a type 2 sampling point, a settlement period of more than a calendar month shall be considered for the calculation of the monthly compensation sub-base, whether it was delivered at a specified price for electricity or gas, per calendar month.
(2) The sub-basis of the monthly compensation for the point of demand and the type of contract and supply of electricity or gas by the supplier of the last instance is equal to the supply
(a) electricity the sum of the product of the unit bases for calculating the compensation for the supply of electricity and the quantity of electricity referred to in paragraph 1 at each trading hour per calendar month; and
(b) the sum of the product of the unit bases for calculating the compensation for the supply of gas and the quantity of gas referred to in paragraph 1 on each gas day per calendar month.
(3) The sub-basis of monthly compensation for electricity supply from the electricity generation plant through direct lines for the location of consumption is equal to the lower of the values
(a) the sum of the product of the unit bases for calculating the compensation for the supply of electricity and the quantity of electricity referred to in the first sentence of paragraph 1 in each business hour per calendar month; and
(b) the product of the quantity of electricity referred to in the first sentence of paragraph 1 for all business hours of the calendar month and the non-negative difference between the market income ceiling under Paragraph 95b of the Energy Act and the determined electricity prices; If no market income ceiling is set for the fuel used for the production of electricity, the value referred to in Annex 6 to this Regulation shall apply.
(4) The monthly compensation sub-base for all customer demand points with a fixed price and the same type of contract and the supply of electricity or gas by the supplier of the last instance and for all points of consumption to which electricity is supplied from the electricity plant through direct lines shall be equal to the sum of the sub-bases of the monthly compensation referred to in paragraphs 2 and 3 per calendar month.
(5) The monthly compensation sub-base referred to in paragraph 2, 3 or 4 may also have negative values.
(6) The monthly compensation shall be determined as the sum of the sub-bases of the monthly compensation referred to in paragraph 4, minus the exceptional advance accepted for the month in question and the absolute value of the monthly compensation for the preceding calendar month, provided that it has obtained a negative value.
Calculation of the monthly compensation sub-base for a specified period
(1) For the calculation of the monthly compensation sub-base for a given period, the electricity or gas trader shall use the quantity of electricity at the trading hour or the quantity of gas at the gas day per calendar month delivered at the fixed price of the electricity or gas used for the final monthly evaluation of the variations in electricity or the corrective evaluation of the variations in gas (hereinafter referred to as "final or corrective evaluation of the monthly derogations'). In the case of type C sampling points, the electricity or gas trader shall determine the amount of electricity at the commercial hour or the amount of gas at the gas day from the consumption of electricity or gas for the final or corrective evaluation of the monthly deviations made available by the market operator by the procedure and within the deadlines laid down by the legislation governing the electricity market rule and the gas market rules.
(2) The sub-base of the monthly compensation for the specified period for the sampling point and the type of contract and the supply of electricity or gas by the supplier of the last instance is equal to the supply
(a) electricity the sum of the product of the unit bases for calculating the compensation for the supply of electricity and the quantity of electricity referred to in paragraph 1 at each trading hour per calendar month; and
(b) the sum of the product of the unit bases for calculating the compensation for the supply of gas and the quantity of gas referred to in paragraph 1 on each gas day per calendar month.
(3) The sub-base of the monthly compensation for a specified period shall be equal to the lower of the values for the supply of electricity from the electricity plant through direct lines at the point of consumption
(a) the sum of the components of the unit bases for calculating the compensation for the supply of electricity and the quantity of electricity referred to in paragraph 1 at each trading hour per calendar month; and
(b) the product of the quantity of electricity referred to in paragraph 1 for all business hours of the calendar month and the non-negative difference between the market income ceiling pursuant to Article 95b of the Energy Act and the determined electricity prices; If no market income ceiling is set for the fuel used for the production of electricity, the value referred to in Annex 6 to this Regulation shall apply.
(4) The sub-base of the monthly compensation for a specified period for all customer demand points with a specified price and the same type of contract and the supply of electricity or gas by the supplier of the last resort and for all points of consumption to which electricity from the power plant is supplied via direct lines shall be equal to the sum of the sub-bases of the monthly compensation for the specified period referred to in paragraphs 2 and 3 per calendar month.
(5) The monthly compensation sub-base for the period referred to in paragraph 2, 3 or 4 may also have negative values.
(6) The monthly compensation for a specified period shall be determined as the sum of the sub-bases of the monthly compensation for a specified period. Compensation for a specified period shall be determined as the sum of all monthly compensation for a specified period.
Special advance on monthly compensation
(1) The market operator provides, at the request of the electricity or gas trader who supplies electricity or gas to the point of demand at a specified price for electricity or gas, an exceptional advance on the monthly compensation for January, February and March 2023, but not more than to the extent of the funds provided for that electricity or gas trader by the Ministry and communicated by the market operator pursuant to Article 15.
(2) The request for an exceptional advance payment for monthly compensation shall be submitted electronically via the market operator system and in the format defined by the market operator.
(3) The electricity or gas trader applies for an exceptional advance
(a) for January 2023, for the period from 25 January 2023 to 26 January 2023 to 14.00,
(b) for February 2023, from 22 February 2023 to 23 February 2023 to 14: 00,
(c) for March 2023, from 22 March 2023 to 23 March 2023 to 14: 00.
(4) The market operator, on the basis of the subsidy granted by the Ministry for the reimbursement of the funds provided for in Article 15, will pay an exceptional advance on:
(a) January 2023 until 3 February 2023;
(b) February 2023 until 3 March 2023,
(c) March 2023 to 31 March 2023.
Settlement of extraordinary advance
(1) Where an electricity or gas trader does not submit an application for payment of the monthly compensation for January, February or March 2023, but has been granted an exceptional advance on the monthly compensation for the month in question, the electricity or gas trader shall make an exceptional advance payment by returning the exceptional advance for the month in question to the market operator by 28 April 2023.
(2) If the monthly compensation for January, February or March 2023 becomes negative pursuant to Article 7 (6), the electricity or gas trader shall make extraordinary advances by paying the market operator the absolute value of the monthly compensation but not more than the amount of the extraordinary monthly advance until 28 April 2023.
(3) Where the Energy Regulatory Authority has identified doubts as to the accuracy of the calculation of the monthly compensation in the application for reimbursement of the monthly compensation for January, February or March 2023 and a new application has been submitted by the electricity or gas trader no later than 22 May 2023 pursuant to the third energy law's paragraph 19f (5), paragraph 2 shall apply mutatis mutandis to settlement of the extraordinary advance less part of the extraordinary advance already paid pursuant to paragraph 2, 5 working days after the expiry of the period for verifying the monthly compensation application data pursuant to paragraph 11. Where an electricity or gas trader has not submitted a new request in accordance with the first sentence, the electricity or gas trader shall settle the exceptional advance by returning to the market operator by 22 May 2023 the exceptional advance granted for the month in question less part of the exceptional advance already paid under paragraph 2.
(4) If the Energy Regulatory Authority has prohibited the payment of monthly compensation in part or in full pursuant to Paragraph 14 and if an exceptional advance payment has been granted to the electricity or gas trader for the month in question, the electricity or gas trader shall make an exceptional advance payment by returning the exceptional advance for the month in question to the market operator reduced by a part of the exceptional advance already paid in accordance with paragraph 3 within 5 working days of receipt of the decision of the Energy Regulatory Authority.
Deadline for submission and details of the monthly compensation application
(1) An electricity or gas trader who supplies electricity or gas to a demand point or consumption point at a specified price shall submit an application for reimbursement of monthly compensation to the market operator for the preceding calendar month by the 14th working day following the end of the calendar month.
(2) Where an electricity or gas trader submits an application for reimbursement of the monthly compensation after the expiry of the period for the submission of the application, such request shall be dealt with at the time of the request for reimbursement of the monthly compensation for the following calendar month following the submission of the application; the right to reimbursement of the monthly compensation for the relevant calendar month is not affected.
(3) Applications for monthly compensation shall be submitted electronically via the market operator system and in the format defined by the market operator.
(4) The request of the electricity trader contains:
(a) the name or, where applicable, the addendum distinguishing the person of the electricity trader or the type of business in which the natural person is involved, or the name or business name, in which the legal person, registered office and identification number has been assigned;
(b) the registration number of the electricity market participant;
(c) the month for which the electricity trader requests monthly compensation;
(d) monthly compensation in CZK, consumption at the determined price of electricity in MWh, number of sampling points or consumption points and partial basis of monthly compensation in CZK for all customer demand points with the same type of contract and supply of electricity by the supplier of the last instance and for all points of consumption to which electricity is supplied from the electricity plant through direct lines, to the extent and in the structure referred to in Annex 7 to this Regulation,
(e) the consumption of electricity in MWh for all customer demand points to which it is not delivered at a specified price, with the same type of contract to the extent and in the structure set out in Annex 7 to this Regulation.
(5) The request of the gas trader contains:
(a) the name or, where applicable, the addendum distinguishing the person of the gas trader or the type of business where the natural person is involved, or the name or business company where the legal person, registered office and identification number has been assigned;
(b) the registration number of the gas market participant;
(c) the month for which the gas trader requests monthly compensation;
d) monthly compensation in CZK, consumption at the fixed price of gas in MWh, number of sampling points and partial basis of monthly compensation in CZK for all customers with the same type of contract and supply of gas by the supplier of last resort to the extent and in the structure referred to in Annex 7 to this Regulation,
(e) gas consumption in MWh for all customer demand points to which it is not delivered at a fixed price, with the same type of contract to the extent and in the structure set out in Annex 7 to this Regulation.
(6) Together with the request for reimbursement of the monthly compensation, it shall transmit in the format defined by the market operator:
(a) the electricity or gas trader lists the data on the supply of electricity or gas for all customer demand points to which it supplies electricity or gas at a specified price, separately for each type and subcategory of contract and the supply of electricity or gas by the supplier of last resort to the extent of the data referred to in Annex 8 to this Regulation;
(b) the electricity producer supplying electricity from the electricity generation plant through direct management, a list of the electricity supply data from the electricity generation plant through direct lines at all points of consumption to which it supplies electricity at a specified price, separately for each type and subcategory of contract within the scope of the information set out in Annex 9 to this Regulation.
(7) Where an electricity or gas trader has not submitted a request for payment of a monthly compensation for one or more consecutive calendar months preceding the calendar month for which the electricity or gas trader applies for payment of the monthly compensation, the electricity or gas trader shall, at the same time as the request, provide the data referred to in paragraph 4 (d) and (e) or paragraph 5 (d) and (e) and the lists of electricity or gas supply data from the electricity plant via the direct line referred to in paragraph 6 for all those preceding calendar months.
(8) The request for payment of the monthly compensation shall be made separately for the monthly compensation on account of the supply of electricity at a specified price and for the monthly compensation on account of the supply of gas at a specified price.
(9) The market operator shall forward the request for payment of the monthly compensation to the Energy Regulatory Authority 1 calendar day after the deadline for the submission of the request by the electricity or gas trader for payment of the monthly compensation referred to in paragraph 1 or 10.
(10) The application for payment of monthly compensation for the supply of electricity or gas during the period 2023 shall be submitted by 20 February 2024 at the latest. The procedure referred to in paragraph 2 shall not apply to applications for reimbursement of monthly compensation lodged after the expiry of the period referred to in the first sentence.
(11) The request for payment of the monthly compensation shall not be taken into account if the sum of the sub-bases of the monthly compensation for the points of demand and the types of contracts and the supply of electricity or gas by the supplier of the last instance and of all the points of consumption to which electricity from the electricity plant is supplied through direct lines, plus, where appropriate, the negative cumulative monthly compensation for the preceding month.
Time limits for verifying the monthly compensation application data
(1) The deadline for verifying the data from the application for reimbursement of the monthly compensation by the Energy Regulatory Authority pursuant to Article 19f (5) of the Energy Act is 10 working days after the deadline for transmission of the request for reimbursement by the market operator of the monthly compensation by the Energy Regulatory Authority pursuant to Article 10 (9).
(2) In the case of a new application by an electricity or gas trader pursuant to the third sentence of Article 19f (5) of the Energy Act, the procedure laid down in Article 10 (2) shall be applied mutatis mutandis.
Deadline for the submission and details of the market operator's request for a subsidy for the payment of the monthly compensation
(1) The market operator shall submit a request for a subsidy for the payment of the funds provided for the monthly compensation of electricity and gas traders to the Ministry within 3 working days of the expiry of the deadline for the submission of the request for reimbursement by the market operator of the monthly compensation referred to in Article 10 (9).
(2) For the previous calendar month, the market operator is asking for a subsidy to cover the monthly compensation of the sum of the total amounts of the monthly compensation of electricity and gas traders who submitted an application for a calendar month pursuant to Article 10.
(3) The market operator's request referred to in paragraph 1 shall include:
(a) identification of the market operator;
(b) the amount of subsidy requested;
(c) the identification of the electricity or gas traders who submitted claims for reimbursement of the monthly compensation referred to in Article 10 per calendar month and the total amount of compensation for each electricity or gas trader per calendar month;
(d) the purpose for which the subsidy is intended; and
(e) the bank account number.
Deadline for the grant of the subsidy to cover the monthly compensation
The Ministry shall provide the market operator with a subsidy to cover the funds provided to cover the monthly compensation of electricity and gas traders within 10 working days of receipt of the market operator's request pursuant to Article 12 (1).
Rules and deadline for reimbursement of monthly compensation
(1) If the Energy Regulatory Authority has not shared any doubts as to the accuracy of the calculation of the monthly compensation or where the Energy Regulatory Authority has not prohibited, in accordance with the procedure laid down in Paragraph 19f (5) of the Energy Law, the granting of the monthly compensation, the operator of the market shall pay monthly compensation to the electricity or gas trader within 13 working days of the expiry of the deadline for the transmission of the request for reimbursement by the market operator to the Energy Regulatory Authority pursuant to Article 10 (9) by transfer to the bank account of the electricity or gas trader registered in the market operator's system, but first 4 working days after receiving the subsidy pursuant to Article 13.
(2) Where the Energy Regulatory Authority has prohibited the payment of monthly compensation in part, the market operator shall, in accordance with the procedure referred to in paragraph 1, pay the remaining part within 5 working days of notification of the decision of the Energy Regulatory Authority to the market operator.
(3) Where the Energy Regulatory Authority has doubts as to the accuracy of the calculation of the monthly compensation or where the Energy Regulatory Authority prohibits payment of the monthly compensation, it shall also provide such communication or decision to the market operator via the market operator system.
(4) If the electricity or gas trader submits a new request for reimbursement of the monthly compensation pursuant to Paragraph 19f (5) of the Energy Act, the previous request for reimbursement of the monthly compensation for the same calendar month shall no longer be dealt with. This does not apply to the payment of the part of the monthly compensation which was not prohibited by the Energy Regulatory Authority in accordance with the procedure laid down in Paragraph 19f (5) of the Energy Act.
(5) The market operator will pay monthly compensation by 15 April 2024 at the latest.
Deadline for submission and particulars of the application for compensation for a specified period
(1) An electricity or gas trader who has supplied electricity or gas to a demand point or consumption point for a specified price during a specified period shall submit a request for compensation to the market operator from 1 April 2024 to 28 June 2024 for a specified period.
(2) An application for compensation for a specified period shall be submitted electronically through the market operator system and in the format defined by the market operator.
(3) The request for compensation for a specified period of the electricity trader contains:
(a) the name or, where applicable, the addendum distinguishing the person of the electricity trader or the type of business in which the natural person is involved, or the name or business name, in which the legal person, registered office and identification number has been assigned;
(b) the registration number of the electricity market participant;
(c) monthly compensation for a specified period in CZK, electricity consumption at a fixed price in MWh, number of demand points or consumption points and sub-bases of monthly compensation in CZK for all customer demand points with the same type of contract and supply of electricity by the supplier of the last instance and for all points of consumption to which electricity from the power plant is supplied through direct lines without the use of the transmission or distribution system, individually for all months of the specified period in the range and structure referred to in Annex 7a to this Regulation,
(d) compensation for a specified period;
(e) the consumption of electricity in MWh for all customer demand points to which it is not delivered at a specified price, with the same type of contract individually for all months of the specified period in the scope and in the structure referred to in Annex 7a to this Regulation.
(4) The request for reimbursement of compensation for the period laid down by the gas dealer contains:
(a) the name or, where applicable, the addendum distinguishing the person of the gas trader or the type of business where the natural person is involved, or the name or business company where the legal person, registered office and identification number has been assigned;
(b) the registration number of the gas market participant;
(c) monthly compensation for a specified period in CZK, gas consumption at a specified price in MWh, number of sampling points and sub-bases of monthly compensation in CZK for all customers with the same type of contract and supply of gas by the supplier of the last instance individually for all months of the specified period in the scope and structure of Annex 7a to this Regulation,
(d) compensation for a specified period;
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Regulation Information
| Citation | Government Decree No. 5 / 2023 Coll., on compensation for supply of electricity and gas at specified prices |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.01.2023 |
|---|---|
| Effective from | 12.01.2023 |
| Effective until | - |
| Status | Valid |
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