Decree No. 545 / 2006 Coll.
Order on the quality of gas supplies and related services in the gas industry
Valid
Order
Effective from 01.01.2007
545
DECLARATION
of 29 November 2006
on the quality of gas supplies and related gas services
The Energy Regulatory Authority (hereinafter "the Authority '), pursuant to Paragraph 98a (2) (c) of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended by Act No. 158 / 2009 Coll.:
GENERAL PART
Subject matter
This decree sets out the required quality of supplies and services related to regulated gas activities, including the amount of compensation for non-compliance, the procedures and deadlines for claiming compensation and the procedures for reporting compliance with the quality of supplies and services.
General provisions
(1) Non-compliance with standards shall not be considered if the competent licence holder does not carry out the actions and procedures required by the standards within the time limits laid down on the ground that:
(a) the gas market participant concerned shall, within the time limit set for compliance with the standard, express the will which clearly implies the requirement to carry out such operations and procedures within a period longer than that set by the standard;
(b) the gas market participant in question is not demonstrably providing the synergies necessary to comply with the standard;
(c) it is not fair to require the relevant licence holder to comply with the standard, in particular as a result of natural events or accidents on transmission system, distribution system or gas storage devices;
(d) an emergency has been declared in the territory concerned or activities are carried out immediately to prevent its occurrence.
(2) The provisions of this Ordinance on the quality standards for the transport, distribution or storage of gas and gas supply and related services in relation to the customer and the level of compensation for the customer referred to in paragraphs 4 to 16 shall apply mutatis mutandis in relation to the relevant licence holder and the manufacturer, where it collects gas from the transmission system or distribution system, the gas storage operator, when it purchases gas for the purpose of creating and maintaining the essential filling of the gas storage tank, and does not provide otherwise, also by the local distribution system operator, when it collects gas to cover losses in the distribution system or for its own consumption.
Application of refunds
(1) A customer or gas trader who supplies gas to a customer (hereinafter referred to as "the combined service supplier") under a contract for combined gas supply services or who claims compensation
(a) in the event of non-compliance with the standard referred to in § 8 within 60 calendar days of the day following the date on which the restriction or interruption of the transport, distribution or storage of gas was to be initiated or terminated with the transmission or distribution system operator to which the customer's gas equipment is connected,
(b) in the event of non-compliance with the standards set out in Sections 4, 6 and 7, Sections 9 to 11, Sections 13 to 16, within 60 calendar days of the day following the date on which the deadline in accordance with the standards expired,
1. the transmission or distribution system operator to whose gas equipment the customer's equipment is connected;
2. the gas storage tank operator with whom it has a gas storage contract;
3. the transmission or distribution system operator for which it requests connection; or
4. the supplier or supplier of the combined service which, under the relevant contract, supplies gas to the customer.
(2) Where a customer agrees with a combined service supplier to contract for combined gas supply services, it may apply the standards set out in Sections 4, 6, 7, 8, 11 and 13 to 15 and compensation for non-compliance with those standards with the combined service supplier who shall refer the customer's request for compensation to the operator of the gas installation concerned. In such a case, the gas operator shall reimburse the customer through the supplier of the combined service and the time limits for meeting the standards shall be extended by 2 working days for suppliers of the combined service, which shall serve to ensure the transmission of information between the supplier of the combined service and the operator of the gas installation concerned.
TRANSPORT, DISTRIBUTION OR STORAGE STANDARDS
Standard of gas transport or distribution after failure
(1) The standard of restoring the transport or distribution of gas is to restore the transport or distribution of gas to the customer's sampling point within 48 hours of the occurrence of the failure.
(2) The time limit referred to in paragraph 1 shall begin to run from the time when the transmission or distribution system operator became aware of the occurrence of the failure or when the failure was detected or should have been detected and could have occurred.
(3) If more than one fault occurs simultaneously, or if there is a cause-related disorder prior to that failure, the recovery or distribution standard of the gas after the failure shall be complied with if, within the time limit referred to in paragraph 1, all failures that are related to each other or arise as a result of the first failure are removed. In the event of a short-term renewal of the transport or distribution of gas in the course of handling for the definition of the failure site, the time limit shall not be extended.
(4) The transmission or distribution system operator shall compensate the customer for failure to comply with the standard of recovery or distribution of gas after failure for each and every day of delay.
(a) CZK 1,500 for the category of retail and household; the total amount of refunds shall not exceed CZK 15 000,
b) CZK 6,200 for the category of medium customer; the total amount of refunds shall not exceed CZK 124 000,
(c) CZK 10 500 for the category of wholesale; the total amount of refunds shall not exceed CZK 210 000.
Gas quality standard
Gas quality standard means the transport and supply of natural gas in a composition which complies with the requirements for the composition of natural gas established by: The transmission system operator or distribution system operator or the requirements agreed in the contract between the system operator and the customer.
Standard deadline for handling the gas quality claim
(1) The standard of the deadline for handling the gas quality claim is to verify the validity of the complaint by the customer or supplier of the combined gas quality service and the written notification by the customer or supplier of the combined service of its verification within 60 calendar days of receipt of the complaint by the customer or supplier of the combined service to the operator of the transmission or distribution system.
(2) Where a customer or supplier of a combined service is found to be justified after verification by the transmission or distribution system operator, the content of a written notification to the customer or supplier of the combined service shall be the determination of the method and date of elimination of the cause of the reduced gas quality.
(3) For non-compliance with the gas quality claim deadline, the transmission or distribution system operator shall provide the customer with compensation for each and every day of delay.
a) 375 CZK for category of retail and household; the total refund amount is not more than CZK 3,750,
b) CZK 1,250 for the category of medium customer; the total amount of refunds shall not exceed CZK 25,000,
(c) CZK 2,200 for the category of wholesale; the total amount of refunds shall not exceed CZK 44 000.
Standard time limits for eliminating causes of reduced gas quality
(1) The standard time limit for eliminating the causes of the reduced gas quality is the implementation of the necessary measures by the transmission system operator or the relevant distribution system operator necessary to remedy the causes of the reduced gas quality within the time limit
(a) 15 calendar days from the date of dispatch of the written notification of the handling of the gas quality claim to the customer or supplier of the combined service, specifying the method and date of removal of the cause of the reduced gas quality, if the cause of the reduced gas quality is eliminated by simple operational measures;
(b) 6 months after the date of dispatch of the written notification of the handling of the gas quality claim to the customer or supplier of the combined service, specifying the method and date of removal of the cause of the reduced gas quality, if the cause of the reduced gas quality is a technical measure which does not require a building permit under the construction law and the cause of the reduced gas quality cannot be removed in accordance with the procedure referred to in (a); or
(c) 24 months from the date of dispatch of the written notification of the handling of the gas quality claim to the customer or supplier of the combined service, specifying the method and date of removal of the cause of the reduced gas quality, if the cause of the reduced gas quality is a technical measure which requires a building permit under the building law; non-compliance with this standard shall not be considered as non-compliance if, despite all the efforts made by the transmission or distribution system operator, a building permit is not obtained for reasons which have occurred or exist independently of its will.
(2) The transmission system operator or the relevant distribution system operator shall compensate the customer for failure to comply with the time limit for the removal of the causes of the reduced gas quality for each and the start of the day of delay
a) 750 CZK for the category of retail and household; the total amount of refunds shall not exceed CZK 7,500,
b) CZK 3,100 for the category of medium customer; the total amount of refunds shall not exceed CZK 62 000,
(c) CZK 7,900 for the category of wholesale; the total amount of refunds shall not exceed CZK 158 000.
Standard of compliance with the planned restriction or interruption of the transport or distribution of gas
(1) The standard of compliance with the planned restriction or interruption of the transport or distribution of gas is the initiation and termination of the restriction or interruption of the transport or distribution of gas at a time notified as the start and end of the restriction or interruption of the transport or distribution of gas to the customer. The standard of compliance with the planned restriction or interruption of the transport or distribution of gas shall not be complied with if the transmission or distribution system operator limits or interrupts the transport or distribution of gas before it has notified or terminates the restriction or interruption later than it has notified.
(2) For non-compliance with the standard of the planned restriction or interruption of the transport or distribution of gas, the transmission or distribution system operator shall provide the customer with compensation for each and every start of the day of non-compliance with the notified limitation or interruption period of:
(a) CZK 1,500 for the category of retail and household; the total amount of refunds shall not exceed CZK 15 000,
b) CZK 6,200 for the category of medium customer; the total amount of refunds shall not exceed CZK 124 000,
(c) CZK 10 500 for the category of wholesale; the total amount of refunds shall not exceed CZK 210 000.
Standard time limit for assessing the application to connect the customer's equipment to the transmission or distribution system
(1) The standard of the deadline for assessing the application for the connection of the customer's equipment to the transmission or distribution system is the assessment of the application for the connection of the customer's equipment to the transmission or distribution system within the time limit laid down by other legislation1).
(2) For non-compliance with the deadline for assessing the application for the connection of the client's equipment to the transmission or distribution system, the transmission or distribution system operator shall provide the customer with compensation for each and every day of delay.
(a) CZK 1,500 for the category of retail and household; the total amount of refunds shall not exceed CZK 15 000,
b) CZK 6,200 for the category of medium customer; the total amount of refunds shall not exceed CZK 124 000,
(c) CZK 10 500 for the category of wholesale; the total amount of refunds shall not exceed CZK 210 000.
Standard for the transport or distribution of gas
(1) The standard of allowing the transport or distribution of gas is the possibility of carrying out the transport or distribution of gas within 5 working days of the date on which the customer met the technical conditions of the connection and the customer or supplier of the combined service has requested the transmission or distribution system operator to allow the transport or distribution of gas to the point of demand.
(2) The standard of allowing the transport or distribution of gas does not apply to the case where the customer changes the supplier and to the case covered by the standard of renewal of the transport or distribution of gas after disconnection due to the delay of the customer or supplier of the combined gas supply service, with payment for payments for the transport or distribution of gas provided.
(3) The transmission or distribution system operator shall reimburse the customer for the failure to comply with the standard of allowing the transport or distribution of gas for each and every day of delay, as follows:
(a) CZK 1,500 for the category of retail and household; the total amount of refunds shall not exceed CZK 15 000,
b) CZK 6,200 for the category of medium customer; the total amount of refunds shall not exceed CZK 124 000,
(c) CZK 10 500 for the category of wholesale; the total amount of refunds shall not exceed CZK 210 000.
Standard of renewal of the transport or distribution of gas after interruption of the transport or distribution due to delay of the customer or supplier of the combined service with payment of payments for the gas transport or distribution provided
(1) The standard for the renewal of the transport or distribution of gas after the interruption of the transport or distribution of gas due to the delay of the customer or supplier of the combined service with payment of payments for the transport or distribution provided is the renewal or distribution of the gas to the customer's demand point within 5 working days following the date on which the customer or supplier of the combined service has paid all of its payments due for the shipment or distribution provided or in which the operator of the transmission or distribution system with the customer or supplier of the combined service has concluded an agreement to repay the payments due.
(2) For non-compliance with the gas recovery or distribution standard after the interruption of the transport or distribution due to the delay of the customer or supplier of the combined service with payment for the gas transport or distribution provided, the transmission or distribution system operator shall compensate the customer for each and the start of the day of the delay of the payment of the payment of the payment of the transmission or distribution of the gas to the customer of:
a) 375 CZK for category of retail and household; the total refund amount is not more than CZK 3,750,
b) CZK 1,250 for the category of medium customer; the total amount of refunds shall not exceed CZK 25,000,
(c) CZK 2,200 for the category of wholesale; the total amount of refunds shall not exceed CZK 44 000.
Standard of renewal of transport or gas distribution after interruption of transport or distribution at the request of the supplier or supplier of the combined service
The standard for the renewal of the transport or distribution of gas after the interruption of the transport or distribution of gas, at the request of the supplier or supplier of the combined service, shall be the renewal of the transport or distribution of gas to the customer's transfer or demand point within 5 working days following the date on which the transmission or distribution system operator was requested by the supplier or supplier of the combined service to restore the transport or distribution of gas to the customer's transfer or demand point.
Standard time limit for handling complaints measuring gas supply
(1) The standard time limit for handling the complaint for measuring gas supply is:
(a) processing and sending of a written complaint to a customer, supplier or supplier of a combined gas supply service explaining the causes of the measurement problems within 15 calendar days of receipt of the complaint by the transmission system operator or the relevant distribution system operator;
(b) arrange for the inspection and inspection of the sampling point to be carried out in order to eliminate the measurement problems and, where appropriate, to replace the measuring device and ensure that it is checked by or requested by the transmission or distribution system operator within 90 calendar days of receipt of the complaint by the transmission or distribution system operator to inform the customer, supplier or supplier of the combined service of the result of the examination of the measuring equipment; or
(c) settlement of the difference in payments within 10 calendar days of the date on which the time limit referred to in (a) or (b) has expired, if, on the basis of the handling of the complaint, the gas supply measurement is determined in accordance with (a) or (b) of the excess payment in the payments paid; where the payment settlement is made via the postal service operator, the time limit shall be deemed to have been met if, within that period, the transmission or distribution system operator has received the relevant amount for the benefit of the customer, supplier or supplier of the combined service.
(2) The transmission system operator or the relevant distribution system operator shall provide compensation to the customer or supplier of the combined service for each and the day of delay, for failure to comply with the time limit for processing claims
a) 750 CZK for the category of retail and household; the total amount of refunds shall not exceed CZK 7,500,
b) CZK 3,100 for the category of medium customer; the total amount of refunds shall not exceed CZK 62 000,
(c) CZK 7,900 for the category of wholesale; the total amount of refunds shall not exceed CZK 158 000.
Standard time limit for processing the complaint bill for the transport, distribution or storage of gas
(1) The standard time limit for handling the complaint for the bill of payment of the transport, distribution or storage of gas is:
(a) sending a written settlement of a complaint to a customer or supplier of a combined service to account for the transport, distribution or storage of gas or for the non-refund of overpayments paid within 15 calendar days of receipt of the claim; or
(b) settlement of the difference in payment of the customer or supplier of the combined service due to incorrect billing of transport, distribution, storage of gas within 30 calendar days of the date of receipt of the claim, if the claim referred to in (a) is deemed justified; where the payment settlement is made through the postal service operator, the time limit shall be deemed to have been met if, within that period, the transmission or distribution system or gas storage unit operator has received the relevant amount for the benefit of the customer, supplier or supplier of the combined service.
(2) The transmission or distribution system or gas storage system operator or gas storage tank operator shall pay compensation to the customer or supplier of the combined service for each and the starting day of the delay for failure to comply with the deadline for handling the complaint
a) 750 CZK for the category of retail and household; the total amount of refunds shall not exceed CZK 7,500,
b) CZK 3,100 for the category of medium customer; the total amount of refunds shall not exceed CZK 62 000,
(c) CZK 7,900 for the category of wholesale; the total amount of refunds shall not exceed CZK 158 000.
SUPPORT STANDARDS
Gas recovery standard after interruption due to late payment of gas payments
(1) The standard of renewal of the gas supply after the interruption due to a delay in payment of payments for the gas withdrawn is to restore the supply to the customer's demand point within 5 working days following the date on which the customer has paid all of his gas payments due or concluded an agreement with the supplier or the supplier of the combined service to repay the payments due.
(2) For non-compliance with the gas recovery standard after the interruption due to the default of the customer with payment for the gas withdrawn, the supplier or supplier of the combined service shall provide the customer with compensation for each and the start of the day of the delay
a) 375 CZK for category of retail and household; the total refund amount is not more than CZK 3,750,
b) CZK 1,250 for the category of medium customer; the total amount of refunds shall not exceed CZK 25,000,
(c) CZK 2,200 for the category of wholesale; the total amount of refunds shall not exceed CZK 44 000.
Standard time limit for handling the gas bill complaint
(1) The standard of the deadline for handling the complaint for charging gas supplies is:
(a) sending a written complaint to the customer to account for the gas supply or non-refund of overpayments paid within 15 calendar days of the date of receipt of the claim; or
(b) settlement of the difference in customer payments due to incorrect billing of gas supplies within 30 calendar days of the date of receipt of the claim, where the claim referred to in (a) is considered justified; where the payment settlement is made via the postal service operator, the time limit shall be deemed to have been met if the relevant amount is referred to by the supplier or supplier of the combined service for the benefit of the customer within that period.
(2) If the reason for the complaint is to bill the gas supply in the gas transport, distribution or storage accounts and the supplier or supplier of the combined service claims, within the time limit referred to in paragraph 1 (a), the bill of supply, distribution or storage pursuant to Paragraph 14, the time limit referred to in paragraph 1 shall not run for the duration of the processing of the complaint pursuant to paragraph 14.
(3) The supplier or supplier of the combined service shall provide the customer with compensation for failure to comply with the deadline for processing the gas supply bill claim for each and every day of delay.
a) 750 CZK for the category of retail and household; the total amount of refunds shall not exceed CZK 7,500,
b) CZK 3,100 for the category of medium customer; the total amount of refunds shall not exceed CZK 62 000,
(c) CZK 7,900 for the category of wholesale; the total amount of refunds shall not exceed CZK 158 000.
PROVISIONS COMMON AND FINAL
Reporting of compliance with the quality of gas supply and related services
The licence holder responsible for compliance with the standards shall publish by 31 March of each calendar year a summary statement of compliance with all standards for the previous calendar year. The model of the summary statement is set out in the Annex to this order. The licence holder responsible for compliance with the standards shall only complete the information relating to his licensed activity.
Repeal
Decree No. 329 / 2001 Coll., laying down the terms of connection and supply for protected customers, is hereby repealed.
Efficacy
This Decree shall take effect on 1 January 2007.
Chairman:
Ing. Fiøt v. r.
Annex to Decree No 545 / 2006 Coll.
MODEL
Summary of compliance with standards for the year...........
| Číslo paragrafu standardu | Standard | Počet případů vyplacených náhrad | Vyplacené náhrady celkem v tis. Kč | Průměrná náhrada v tis. Kč |
|---|---|---|---|---|
| 4 | obnovy přepravy nebo distribuce | |||
| 6 | lhůty pro vyřízení reklamace na kvalitu | |||
| 7 | lhůty pro odstranění příčin snížené kvality | |||
| 8 | dodržení plánovaného omezení nebo přerušení přepravy nebo distribuce | |||
| 9 | lhůty pro posouzení žádosti o připojení zařízení | |||
| 10 | umožnění přepravy nebo distribuce | |||
| 11 | obnovy přepravy nebo distribuce | |||
| 13 | lhůty pro vyřízení reklamace měření dodávky | |||
| 14 | lhůty pro vyřízení reklamace vyúčtování přepravy, distribuce nebo uskladňování | |||
| 15 | obnovy dodávky | |||
| 16 | lhůty pro vyřízení reklamace vyúčtování dodávky | |||
| Celkem: | ||||
1) Decree No. 62 / 2011 Coll., on the terms of connection to the gas system and amending Decree No. 251 / 2001 Coll., laying down the Rules for the operation of transmission and distribution systems in gas.
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Regulation Information
| Citation | Decree No. 545 / 2006 Coll., on the Quality of Gas Supply and Related Services in Gas |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.12.2006 |
|---|---|
| Effective from | 01.01.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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