Decree No. 68 / 2022 Coll.
Ordinance on the modernisation of the supported electricity generation plant and the procedures for adapting electricity production facilities
Valid
Order
Effective from 01.04.2022
Text versions:
01.04.2022
24.03.2022
68
DECLARATION
of 22 March 2022
on the modernisation of the supported electricity generation plant and the procedures for adjusting the electricity generation plant
The Ministry of Industry and Trade provides pursuant to § 53 (1) (y) and (z) of Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Acts, as amended by Act No. 382 / 2021 Coll.:
Subject matter
This decree provides
(a) conditions and requirements for the modernisation of the electricity generation plant for each type of energy sources supported;
(b) the method of determining the quantity of electricity corresponding to the production of electricity before the installation is modified for the fuel source of electricity; and
(c) the extent of the documents retained proving the modernisation of the electricity plant.
Conditions and requirements for modernisation
(1) The requirements for the modernisation of the electricity generation plant are, in the case of electricity generation, for which the Law on Supported Energy Sources ("the Law") provides for aid in the form of:
(a) the green electricity bonus, the spending of funds to modernise the electricity generation plant at least at the level referred to in paragraph 2, with the exception of the ineligible expenditure referred to in Annex 1 thereto;
(b) the auction bonus, the replacement or general repair of the technological or construction installations of the electricity plant and the execution of further adjustments to the electricity plant, at least to the extent specified in Annex 2 to this Decree.
(2) The minimum amount of money spent on the modernisation of the electricity generation plant shall be determined as the product of the specific investment costs set out for this type of supported energy source by the Order on Technical Economic Parameters, effective at the time of completion of the modernisation, and the installed electricity output of the electricity generation plant referred to in the decision to grant or modify the power generation licence.
(3) The minimum amount of funds spent to modernise the electricity generation plant referred to in paragraph 2 may be reduced by up to 15% if the manufacturer has demonstrated by means of an expert opinion that the power generation plant has been modernised to a level comparable to that of the newly established power generation plant.
Scope of the documents retained
(1) Information on the extent of the modernisation of the electricity production plant shall be provided by the manufacturer in the declaration referred to in Annex 3 to this Regulation, which shall enter into the market operator's system at the latest when registering the aid to the modernised electricity production plant in the market operator's system under the order on the procedures for registering aid to the market operator.
(2) The manufacturer shall keep all documents showing the amount of money spent to modernise the electricity production plant and the extent of the modernisation and expert opinion provided that the manufacturer demonstrates a reduction in the minimum amount of money.
Method of determining the amount of electricity when adjusting the fuel source of electricity
(1) Where the adjustment of the electricity generation plant is made to an increase in the installed electricity output and the manufacturer does not apply the aid for electricity produced in the modernised electricity generation plant, the market operator shall determine the annual maximum amount of electricity to which the right to aid applies after the adjustment of the electricity generation plant is made in accordance with the procedure laid down in paragraph 2 or 3.
(2) Where the electricity source is in operation for more than 5 calendar years, the market operator shall determine the annual maximum amount of electricity covered by the right of aid after the adjustment of the electricity generation plant, from the arithmetic average of the 3 calendar years in which the producer has declared the highest amount of electricity to which the aid has been paid, from the period of the last 5 calendar years of operation of the electricity generation plant prior to the adjustment of the electricity generation plant.
(3) Where a power source is in operation for less than 5 calendar years, the market operator shall determine the annual maximum amount of electricity covered by the right to aid after the adjustment of the electricity generation plant, as the product of the original installed power before the modification and the annual use of the installed power set out for this type of supported energy source by the Technical Economic Parameters Ordinance, as effective at the time of completion of the adjustment of the electricity generation plant.
(4) The procedures referred to in paragraphs 1 to 3 shall apply separately to each form of aid paid, registered in the market operator system.
Efficacy
This Decree shall take effect on 1 April 2022.
Minister for Industry and Trade:
Ing. Síkela v. r.
Příloha č. 1
Annex No 1 to Decree No. 68 / 2022 Coll.
Definition of ineligible expenditure for the purpose of modernising the electricity plant for which the Act provides for green electricity bonus aid
The eligible expenditure for the modernisation of the electricity generation plant shall be:
(a) expenditure having the character of routine repairs and maintenance;
(b) the purchase of land or buildings;
(c) land adjustment expenditure;
(d) expenditure on project activities and documentation;
(e) the budget reserve;
(f) value added tax where the beneficiary of the aid is a payer of value added tax;
(g) repayments of loans and loans;
(h) penalties and periodic penalty payments;
(i) guarantee and insurance costs, interest, remuneration for banking services, exchange rate losses, administrative charges and other similar transactions;
(j) repayments of operating leasing;
(k) wage and other staff expenditure, general and operational expenditure; and
(l) expenditure relating to the award of public supply, service or works contracts linked to the modernisation of the electricity plant.
Příloha č. 2
Annex No 2 to Decree No. 68 / 2022 Coll.
Scope of the required exchanges or repairs of the technological or construction installations of the electricity production plant and other modifications to the modernisation of the electricity production plant in the form of an auction bonus
The scope of the required exchanges or repairs of the technological or construction installations of the electricity generation plant and other modifications to the modernisation of the electricity generation plant vary according to the electricity generation technology used and the primary energy source used.
(a) In the case of a solar power plant, the implementation of:
1. exchanges of solar panels,
2. exchange of converters; and
3. replacement or installation of a new automated steering system.
(b) In the case of a water power plant, the implementation of:
1. replacement or overhaul of the turbine,
2. replacement or overhaul of the generator,
3. exchanges or overhaul of regulatory equipment; and
4. replacement or installation of a new automated steering system.
(c) In the case of a wind power plant, the implementation of:
1. replacement or overhaul of the turbine,
2. replacement or overhaul of the generator,
3. exchanges or overhaul of regulatory equipment; and
4. replacement or installation of a new automated steering system.
(d) In the case of a biogas power plant, the implementation of:
1. replacement or overhaul of an internal combustion engine;
2. replacement or overhaul of the generator,
3. exchanges or overhaul of gas;
4. exchanges or overhaul of the fermentor and storage sinks,
5. exchanges or overhaul of regulatory equipment; and
6. replacement or installation of a new automated steering system.
(e) In the case of a biomass combustion plant, land, landfill, sludge or mining gas, the following shall be required:
1. the replacement or overhaul of the boiler where it is part of the power plant;
2. replacement or overhaul of an internal combustion engine or turbine;
3. replacement or overhaul of the generator,
4. exchanges or overhaul of regulatory equipment; and
5. replacement or installation of a new automated steering system.
Point (e) shall not apply to a power plant which has changed the use of a primary energy source from the combustion of a solid non-renewable source to the separate combustion of natural gas or biomass or from the joint combustion of biomass and non-renewable source to the separate combustion of biomass. In such cases, the implementation of the technological adaptations necessary to change the primary energy source used shall be required.
Příloha č. 3
Annex No. 3 to Decree No. 68 / 2022 Coll.
Information on the extent of modernisation of the power plant
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Regulation Information
| Citation | Decree No. 68 / 2022 Coll., on the modernisation of the supported electricity production plant and the procedures for the adjustment of electricity production facilities |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.03.2022 |
|---|---|
| Effective from | 01.04.2022 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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