What is Act No. 87 / 2025 Coll.?

Act No. 87 / 2025 Coll., amending 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, and other related laws — Act amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and other related laws.

When it became Act No. 87 / 2025 Coll. effectiveness?

Act No. 87 / 2025 Coll. became effective 01.08.2025.

Is Act No. 87 / 2025 Coll. still valid?

Yes, Act No. 87 / 2025 Coll. is still valid and effective.

Act No. 87 / 2025 Coll.

Act amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and other related laws

Valid Effective from 01.08.2025

ČÁST PRVNÍ Čl. I „§ 3e „§ 5a „§ 10d „§ 10e „§ 11cb § 11cc „§ 16a § 16b „§ 17j „§ 17k „§ 23a „§ 25b „§ 26a „§ 27ca „§ 27da „§ 49a „§ 58o § 58p § 58q „§ 72a „§ 91ca „§ 96bb „§ 97aa Čl. II ČÁST DRUHÁ Čl. III ČÁST TŘETÍ Čl. IV Čl. V ČÁST ČTVRTÁ Čl. VI ČÁST PÁTÁ Čl. VII Čl. VIII ČÁST ŠESTÁ Čl. IX ČÁST SEDMÁ Čl. X ČÁST OSMÁ Čl. XI „§ 24 „§ 26e § 26f „§ 27ba § 27bb § 27bc § 27bd § 27be § 27bf § 27bg „§ 27e „Díl 4 § 37a § 37b § 37c § 37d „HLAVA IX § 44 § 45 § 45a § 45b § 45c § 45d § 45e § 45f § 45g „§ 47b § 47ba „§ 47bb „§ 47d „§ 47da § 47db § 47dc § 47dd „§ 47e „§ 47ea § 47eb „§ 47g Čl. XII ČÁST DEVÁTÁ Čl. XIII ČÁST DESÁTÁ Čl. XIV ČÁST JEDENÁCTÁ Čl. XV ČÁST DVANÁCTÁ Čl. XVI ČÁST TŘINÁCTÁ Čl. XVII

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THE LAW

of 4 March 2025

amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Energy Act

Čl. I

Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 02 Coll., Act No. 20 / 2002 Coll., Act No. 20 / 2002 Coll., Act No. 68 / 2003 Coll., Act No. 31 / 2008 Coll., Act No. 15 / 2011 Coll., Act No. 20 / 20 / 2004 Coll.

1. footnotes 1 and 1a are as follows:

"(1) Directive 2009 / 73 / EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003 / 55 / EC. Directive 2011 / 83 / EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93 / 13 / EEC and Directive 1999 / 44 / EC of the European Parliament and of the Council and repealing Council Directive 85 / 577 / EEC and Directive 97 / 7 / EC of the European Parliament and of the Council. Directive 2012 / 27 / EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009 / 125 / EC and 2010 / 30 / EU and repealing Directives 2004 / 8 / EC and 2006 / 32 / EC. Directive (EU) 2018 / 2001 of the European Parliament and of the Council of 11 December 2018 on promoting the use of energy from renewable sources (recast). Directive (EU) 2019 / 944 of the European Parliament and of the Council of 5 June 2019 concerning common rules for the internal market in electricity and amending Directive 2012 / 27 / EU (recast), as amended by Regulation (EU) 2022 / 869 of the European Parliament and of the Council. Directive (EU) 2023 / 1791 of the European Parliament and of the Council of 13 September 2023 on energy efficiency and amending Regulation (EU) 2023 / 955 (recast).

(1a) Regulation (EC) No 715 / 2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775 / 2005, as amended. Regulation (EU) No 1227 / 2011 of the European Parliament and of the Council of 25 October 2011 on the integrity and transparency of the wholesale energy market. Commission Regulation (EU) 2017 / 460 of 16 March 2017 establishing a network code for harmonised transmission tariff structures for natural gas. Commission Regulation (EU) 2017 / 1485 of 2 August 2017 laying down a framework instruction for the operation of electricity transmission systems, as amended. Regulation (EU) 2017 / 1938 of the European Parliament and of the Council of 25 October 2017 on measures to ensure security of gas supply and repealing Regulation (EU) No 994 / 2010, as amended. Regulation (EU) 2018 / 1999 of the European Parliament and of the Council of 11 December 2018 on the management of energy union and climate action, amending Regulations (EC) No 663 / 2009 and (EC) No 715 / 2009 of the European Parliament and of the Council, Directive 94 / 22 / EC, 98 / 70 / EC, 2009 / 31 / EC, 2009 / 73 / EC, 2010 / 31 / EU, 2012 / 27 / EU and 2013 / 30 / EU of the European Parliament and of the Council and repealing Regulation (EU) No 525 / 2013 of the European Parliament and of the Council, as amended. Regulation (EU) 2019 / 941 of the European Parliament and of the Council of 5 June 2019 on risk preparedness in the electricity sector and repealing Directive 2005 / 89 / EC. Regulation (EU) 2019 / 943 of the European Parliament and of the Council of 5 June 2019 on the internal market in electricity (recast), as amended. Commission Implementing Regulation (EU) 2023 / 1162 of 6 June 2023 on interoperability requirements and non-discriminatory and transparent procedures for access to measurement and consumption data. Commission Delegated Regulation (EU) 2024 / 1366 of 11 March 2024 supplementing Regulation (EU) 2019 / 943 of the European Parliament and of the Council by establishing a network code for sectoral rules on aspects of cyber security of cross-border flows of electricity. Regulation (EU) No 2024 / 1789 of the European Parliament and of the Council of 13 June 2024 on the internal market in gas from renewable sources, natural gas and hydrogen, amending Regulations (EU) No 1227 / 2011, (EU) 2017 / 1938, (EU) 2019 / 942 and (EU) 2022 / 869 and Decision (EU) 2017 / 684 and repealing Regulation (EC) No 715 / 2009 (recast). '

2. in Article 2 (1), point (c) is deleted;

Points (d) to (j) shall be renumbered (c) to (i).

3. in Article 2 (1), the following point (i) is added:

"(i) the acquisition of an influence over an energy strategic total of such a transfer or transfer of rights whereby the acquirer of such rights is able to exercise influence over an energy strategic total;"

Point (i) shall be renumbered as point (j).

4. In Article 2, at the end of paragraph 1, the dot is replaced by a comma and the following points (k) and (l) are added:

"(k) a percentage of the quantity of electricity or gas supplied by the trader contracted at a fixed price or variable price, in connection with the financial settlement, of a fixed price for the period of the following 36 months for the consumer and the trading natural persons, to the expected quantity of electricity or gas to be delivered to those customers during that period, to which the electricity or gas trader supplies the electricity or gas under the fixed price contract for the supply of electricity or gas for the period of the contract,

(l) a contract with a fixed price for the supply of electricity or gas, a contract in which the price of electricity or gas is agreed at an exact rate for the time-period agreed on the supply of electricity or gas, either with the validity of one price for the entire period agreed on, or with a different price agreed on for the sub-periods agreed on, the supply of electricity or gas, unless the electricity or gas trader is authorised to change its amount unilaterally or otherwise for that period. "

5. in Article 2 (2) (a) (1), the words "electricity storage facilities, if they are a fully integrated element of the system," shall be inserted after the words "the Republic, including.";

6. in Article 2 (2) (a) (4), the word "storage" shall be inserted after the word "transformation."

7. in Paragraph 2 (2) (a) (8):

"8. system service support services provided by the transmission system operator to provide system services that include power-generating services and non-frequency support services, or non-frequency support services provided by the distribution system operator, and that do not serve to control congestion in the transmission or distribution system, ';

8. in Paragraph 2 (2) (a), the following point 9 is inserted:

"9. non-frequency service support services provided by a transmission system operator or distribution system operator to regulate steady state voltage, supply of reactive current, ensure the inertia of the transmission system or distribution system, control of short-circuit current, start from darkness or ensure the island operation of the transmission system or distribution system, ';

Points 9 to 24 shall become points 10 to 25.

9. in Article 2 (2) (a) (11), the words "and electricity storage facilities, if they are a fully integrated element of the system," shall be inserted after the word "technology."

10. in Paragraph 2 (2) (a), point 12 shall be deleted;

Points 13 to 25 shall be renumbered 12 to 24.

11. in Article 2 (2) (a) (14), the word "deliveries" shall be inserted after the word "diagram."

12. in Article 2 (2) (a) (15), the words "storage of electricity" and the words "storage of electricity" shall be inserted after the words "storage of electricity";

13. in Paragraph 2 (2) (a) (16):

"16th electricity market of any market for electricity trading or support services involving short-term organised markets or trading in any other than short-term time periods, including exchange and over-the-counter markets for electricity trading, as well as the regulatory performance market, where a capacity mechanism is in place, '.

14. in Article 2 (2) (a) (23), the words "electricity storage facilities" shall be inserted after the words "electricity generation plants."

15. in Article 2 (2), the following points 25 to 34 are added at the end of point (a):

"25. Flexibility for a controlled change in the supply of electricity to or from a transmission system or distribution system over a certain period of time compared to the agreed or anticipated course of supply of electricity in response to changes in electricity prices in the electricity market or the demand for such a controlled change in the supply of electricity,

26. the aggregation activity in which the aggregate brings together the flexibility provided by the electricity market participants at the transmission points to offer flexibility on the electricity market or to manage the derogation,

27. the storage of energy in the electricity system by delaying the end-use of electricity to a later moment than the electricity produced, or the conversion of electricity into such a form of energy that can be stored, the storage of such energy and the subsequent re-conversion of such energy to electricity or use as another energy carrier;

28. energy storage equipment for energy storage equipment, including all necessary equipment;

29. Power storage facilities of energy storage facilities which allow the end-use of electricity to be postponed to a later time than the generation of electricity, or the conversion of electricity into such a form of energy that can be stored, the storage of such energy and the subsequent re-conversion of stored energy into electricity, at one or more transmission points of one demand point, electricity generation plant or energy storage facility; a power station is not a storage facility;

30. Additional measuring equipment for measuring equipment located behind the measurement equipment of a transmission system operator or distribution system operator measuring the generation of electricity, supply or supply of electricity to one or more power generation plants, electricity storage facilities or one or more other electrical installations;

31. smart measuring equipment with an electronic system, through which the measurement of electricity supply and consumption takes place, provides more information than measuring equipment without continuous measurement or measuring equipment with a flow measurement capability without two-way communication and allows the transmission and receipt of data for information, monitoring and control of measured data in a specified electronic communication format;

32. A fully integrated component of a system of electricity storage facilities or other functionally similar devices owned or operated by a transmission system operator or distribution system operator that is operational or functionally interconnected with other devices constituting a transmission or distribution system and which serve solely for the compensation of reactive power, transmission of a signal of mass remote control, voltage stabilization, provision of a transmission system or distribution system in emergency or emergency situations, power supply of measuring, protection, control, automation, security, information and telecommunications technology, power supply of switching elements of the transmission system or distribution system, lighting or signalling equipment of the transmission system or distribution system,

33. Interoperable ability of smart measuring equipment to exchange and use data with other energy or communication systems, equipment, applications or elements to use its functionalities;

34. the starting diagram of the supply or collection of electricity, the diagram used to take into account the activation of the flexibility, which characterises the flow of supply or electricity without activation of the flexibility at the sampling point or the transmission point of the electricity generation or storage facility at which the flexibility is provided; ';

16. in Article 2 (2) (b) (13), the word "natural." shall be deleted;

17. in Article 2 (2), the following points 37 to 39 are added at the end of point (b):

"37. Intelligent measuring equipment for measuring equipment with an electronic system through which the measurement of the supply and take-off of gas is carried out and which provides more information than measuring equipment without continuous measurement or measuring equipment with a flow-through measurement capability without two-way communication and allows the transmission and receipt of data for the information, monitoring and control of measured data in a specified electronic communication format;

38. hydrogen transmission system interconnected set of high-pressure hydrogen gas pipelines for the transport of high-purity hydrogen, which includes interconnecting pipelines with hydrogen systems abroad and which is connected to hydrogen storage facilities, hydrogen terminals or which serves to transport hydrogen to hydrogen storage facilities or hydrogen terminals, and which, where appropriate, allows the supply of hydrogen to the sampling points directly connected to these high-pressure gas pipelines; the hydrogen transmission system is established and operated in the public interest,

39. hydrogen of high purity gas with a hydrogen content exceeding 98% and meeting the specified qualitative requirements, ';

18. in Article 3 (1), the words "electricity and electricity trading," shall be replaced by the words "electricity storage, electricity storage, electricity trading, aggregation,"

19. in Article 3 (2), the words "the transport of hydrogen of a high degree of purity," shall be inserted after the words "performing in the public interest"; the words "electricity generation in a power plant using a renewable source of water flow energy with a total installed electrical output of 0,015 MW or more shall be inserted after the words" transmission system, "the words" hydrogen transmission system, "shall be inserted;

20. In the last sentence of Paragraph 3 (2), the words "gas plants with a power output exceeding 1 MW connected to the gas system 'shall be inserted after the words" gas pipeline'.

21. Paragraph 3 (3) reads as follows:

"(3) Under the conditions laid down by this Act, persons may engage in energy industries within the Czech Republic only on the basis of a licence granted by the Energy Regulatory Authority. The activity of the aggregation requires a licence to trade in electricity. The holder of a gas licence shall be entitled to transport gas except hydrogen of a high degree of purity. Licences are always required for:

(a) electricity generation in a power plant with an installed power output of more than 100 kW connected to a transmission or distribution system;

(b) the generation of electricity at a power plant connected to a transmission system or distribution system, provided that another power plant is connected at the same sampling point;

(c) the storage of electricity in a power storage facility with an installed power output exceeding 100 kW linked to a transmission or distribution system;

(d) the storage of electricity in a electricity storage facility connected to a transmission system or distribution system where another electricity storage facility is connected at the same sampling point;

(e) the production of electricity where the electricity produced is supported under the Act on Supported Energy Sources. ';

22. in Paragraph 3 (4) of the introductory part of the provision, the word "does not require" shall be replaced by "does not award to."

23. in Article 3 (4) (a) to (d), the word "on" shall be deleted;

24. In Paragraph 3, at the end of paragraph 4, the dot is replaced by a comma and the following point (e) is added:

"(e) the production of electricity at a power plant with an installed power of up to and including 100 kW, except in the cases referred to in paragraph 3 (b) or (e), where the production is intended to be taken at the point of transmission of the production plant or for free sharing of electricity.";

25. in Article 3, the following paragraph 5 is inserted after paragraph 4:

"(5) The holder of a power-generating licence shall be entitled to store electricity in a power storage facility connected to the transmission or distribution system through a power-generating facility for which a power-generating facility is licensed to operate if the total installed power of one or more connected power storage facilities is not more than 1,2 times the installed power of the power-generating facility to which they are connected. ';

Paragraphs 5 to 8 shall be renumbered paragraphs 6 to 9.

26. In Article 3a (1), the words "and the change of an entity having influence over an energy strategic total without the consent of the Ministry shall be prohibited 'shall be replaced by the words" it is prohibited without the consent of the Ministry'; at the end of paragraph 1, the sentence "the Czech Republic may call for the nullity of legal action which has taken place in the influence over an energy strategic total without the consent of the Ministry 'shall be added.

27. in Article 3a (2), the words "to be administered to the Ministry" shall be replaced by the words "to give consent to the acquisition of influence over an energy strategic total by a person who is interested in gaining influence over an energy strategic total."

28. in Article 3a (4), the last sentence is deleted;

29. in Article 3b (1) (d) and Article 3b (2) (g), the word "applicant" shall be replaced by the words "acquisition of influence over an energy strategic total."

30. in Article 3c (1), (3) and (5) and in Article 3d (1), the word "checks" shall be replaced by "influence."

31. in Article 3c (2), the words "invite the Ministry" shall be replaced by the words "suspend the procedure and invite the Ministry."

32. in Paragraph 3c (3), the word "refuse" shall be replaced by "refuse";

33.Paragraph 3c (4) is deleted.

Paragraph 5 shall become paragraph 4.

34. in Article 3c (4), the words "decide to grant consent" shall be replaced by the words "consent" and the words "consent is not contrary to paragraph" shall be replaced by the words "no grounds for refusal of application under paragraph."

35. in Article 3c, paragraphs 5 and 6 are added:

"(5) The Ministry shall notify the rejection of the application without undue delay to the person from whom the applicant was to have an impact on the energy strategic overall.

(6) No degradation is permitted against the Ministry's decision on the application. "

36. In Paragraph 3d (1), the words "effective level of influence 'are replaced by the words" influence', the words "my duty to ask the Ministry 'is replaced by the words" without the consent of the Ministry, may request the Ministry within 30 days of the date of acquisition of influence over the energy strategic total' and the words "until 'shall be replaced by the words" paragraphs 1 to 3, § 3b a'.

37. in Article 3d, paragraph 2 is deleted;

Paragraphs 3 and 4 shall become paragraphs 2 and 3.

38. in Paragraph 3d (2), the words "acquiring control" are replaced by the words "acquiring."

39. in Article 3d (3), "3" is replaced by "2."

40. § 3e, including the title:

„§ 3e

Offer of energy strategic transfer

(1) Where an application for approval of an energy strategic entity or part of an energy strategic entity or any share in a company with an effective degree of control over an energy strategic entity or a company with an effective degree of control over a company with an effective degree of control over an energy strategic entity is subject to an application for approval of an energy strategic entity pursuant to Article 3c (1), the person from whom the applicant should have had influence over an energy strategic entity shall be obliged to offer this transfer to the Czech Republic. A tender shall be made by the person from whom the applicant was to have an influence over the energy strategic total within 60 days of the date of receipt of the notification of refusal of the application for approval to acquire influence over the energy strategic total.

(2) Where an application for additional approval of an energy strategic entity or part of an energy strategic entity or any share of an energy strategic entity or any share of a company with an effective degree of control over an energy strategic entity or a company with an effective level of control over a company with an effective level of control over an energy strategic entity, and the Ministry rejects the request for additional approval to obtain an influence over an energy strategic entity pursuant to Article 3d (1), the acquirer shall have an obligation to offer this transfer to the Czech Republic. The offer shall be made by the acquirer of influence over the energy strategic total within 60 days of the date of receipt of the decision to reject the request for additional consent to the energy strategic total.

(3) The obligation to bid shall also apply to all other rights and obligations with which the obliged entity is entitled to dispose and which are necessary for the proper use and fulfilment of the purpose of the energy strategic unit, if their nature so permits.

(4) The validity of the offer must be at least 6 months from the date of receipt of the offer to the Czech Republic.

(5) The tender price shall not exceed the price normally determined by the expert opinion.

(6) During the period of validity of the tender, no rights or obligations shall be established or established in relation to the subject matter of the tender, which would make the proper use of the energy strategic unit impossible or difficult to achieve and fulfil its purpose as an energy strategic unit or would significantly reduce the value of the energy strategic unit. In the event of the establishment or establishment of any rights or obligations under the first sentence, the invalidity of the acts to which those rights or obligations have been established or established may be invoked.

(7) The Ministry is acting for the Czech Republic when transferring. The obligor shall submit the tender electronically through the Ministry's data box.

(8) The Czech Republic may acquire ownership rights under this paragraph directly or through a legal person established or controlled by it. "

41. in Paragraph 4 (1), the following point 4 shall be added at the end of point (a):

"4th electricity storage,"

42. In Article 5 (3), the words "or the storage of electricity" shall be inserted after the words "or the storage of electricity" and the words "or the storage of electricity" shall be inserted after the words "or the storage of electricity."

43. In Article 5 (5), at the end of the first sentence, the words "in the case of a licence for the sale of electricity and gas, the termination of higher education and 3 years of experience in the field 'shall be added.

44. in Article 5 (5), the words "and separate distribution of electricity or heat distribution equipment" shall be replaced by the words, "for distribution of electricity by distribution system or heat distribution by heating plant," after the words "up to and including 1 MW," the words "and, for the storage of electricity into the installed power of a storage facility, 1 MW including" and the words "production facilities 50 kW" shall be replaced by the words "production plants 100 kW and the storage of electricity into the installed power of a storage facility by 100 kW."

45. in Paragraph 5 (6):

"(6) Financial assumptions means the applicant's ability to financially ensure that the activity for which a licence is required is carried out. The licence applicant does not meet the financial requirements

(a) from the date on which the decision on insolvency takes effect until the date on which the decision closing the insolvency proceedings becomes final;

(b) for a period of 3 years from the date on which the decision to cancel the bankruptcy of his property was taken because the timetable order was complied with;

(c) for a period of 3 years from the date on which the decision to cancel the bankruptcy of his property was taken on the ground that the debtor's assets were not sufficient to satisfy the creditors;

(d) for a period of 3 years from the date on which the decision to terminate insolvency proceedings involving the applicant as a debtor became final, on the ground that the debtor's assets are not sufficient to satisfy the creditors;

(e) for the period during which he has registered arrears, except for the period for which he is permitted to wait his payment or to distribute his payment on instalments;

1. at the authorities of the Financial Administration of the Czech Republic,

2. the customs authorities of the Czech Republic,

3. insurance premiums and periodic penalty payments for general health insurance,

4. insurance premiums, social security periodic penalty payments or contributions to national employment policy. ';

46. In Article 5, the following paragraph 9 is inserted after paragraph 8:

"(9) In addition, the issue of the gas storage certificate shall be a prerequisite for the granting of a gas storage licence. ';

Paragraphs 9 and 10 shall become paragraphs 10 and 11.

47. in the first sentence of Article 5 (11), the words "electricity storage licences" shall be inserted after the words "electricity storage facilities"; the words "electricity storage facilities" shall be inserted after the words "electricity generation plants"; the words "electricity storage facilities, gas production plants or heat energy sources" shall be inserted;

48. In the third sentence of Article 5 (11), the words "electricity storage facilities' shall be inserted after the words" electricity storage facilities'; the words "electricity storage facilities' shall be inserted after the words" electricity storage facilities'; the words "electricity storage plant operators' shall be inserted after the words" electricity storage plants';

49. The following Section 5a is inserted after Section 5:

„§ 5a

Obstacles to grant licences for trade in electricity or gas

(1) A licence for trade in electricity or gas may not be granted to a person for a period of 5 years from the date on which the decision to revoke the licence for trade in electricity or trade in gas takes effect,

(a) which has been revoked under § 10 (2) (b) or (c) or § 10 (3) (b);

(b) which was a member of the statutory body of a legal person at the time when the facts which led to the cancellation of the licence referred to in Article 10 (2) (b) or (c) or Article 10 (3) (b) occurred or lasted;

(c) which is a legal person and a member of whose statutory body the licence has been revoked pursuant to § 10 (2) (b) or (c) or § 10 (3) (b);

(d) which is a legal person and a member of its statutory body is a person who was a member of the statutory body of another legal person at the time of the occurrence or duration of the facts which led to the cancellation of the licence pursuant to Article 10 (2) (b) or (c) or Article 10 (3) (b) of that legal person.

(2) Licences for electricity or gas trade may also not be granted to a person for a period of 5 years from the start of the supply of the last instance under Paragraph 12a (2),

(a) for which some of the facts leading to the start of the supply of last resort pursuant to § 12a (2) have occurred,

(b) which was a member of the statutory body of a legal person at the time of the occurrence or duration of the facts which led to the start of the supply of last resort pursuant to § 12a (2);

(c) which is a legal person and a member of whose statutory body one of the factors leading to the start of the supply of last resort pursuant to § 12a (2) is a person;

(d) which is a legal person and a member of its statutory body is a person who was a member of the statutory body of another legal person at the time of the occurrence or duration of the facts which led to the start of the supply of last resort pursuant to § 12a (2).

(3) Licences for electricity or gas trade may not be granted to a person for a period of 5 years from the date of:

(a) the acquisition of legal power by the debtor of a decision to cancel the bankruptcy of that person's assets because the timetable order has been complied with;

(b) the acquisition of legal power by the debtor of a decision to terminate insolvency proceedings on the ground that the debtor's assets are not sufficient to satisfy the creditors; or

(c) the decision to cancel the bankruptcy of that person's assets as a debtor because the debtor's assets are not sufficient to satisfy the creditors.

(4) The Energy Regulatory Authority shall have an obstacle as referred to in paragraph 1 (b) or (d) and an obstacle as referred to in paragraph 2 (d). (b) or (d) if the applicant for a licence proves that, as a member of the statutory body, he or she:

(a) has not contributed by violating its obligations to the bankruptcy of a legal person or to the breach of the obligation of the legal person who was the reason for the revocation of his licence; and

(b) make every effort which may be required of him to prevent the bankruptcy of a legal person or the breach of an obligation to revoke his licence.

(5) Where a natural person's licence has been revoked under Paragraph 10 (3) (b), the obstacle to the granting of a licence under paragraph 1 (a) and (c) shall be waived by the acquisition of the legal power of a decision to satisfy that person's debt. "

50. in Paragraph 7 (8), "3" is replaced by "5."

51. in Article 7a (3), "(d)" is replaced by "(e)";

52. In Paragraph 8 (1), at the end of the first sentence, the words "if none of the obstacles to the granting of the licence are present at the same time 'shall be added.

53. In Article 8 (3), the words "electricity storage facilities" shall be inserted after the words "on each";

54. in Paragraph 10 (1) (b), the words' not for cases under paragraph 11 'shall be replaced by' not for changes in legal form or cases under paragraph 11 ';

55. Paragraph 10 (2) reads:

"(2) The Energy Regulatory Authority shall revoke the licence if:

(a) its holder has ceased to comply with the conditions for granting it under this Act, unless the financial assumptions are concerned, or there are obstacles under § 5a;

(b) its holder, by violating the obligations laid down by this law, endangers the life, health or property of persons;

(c) its holder, in the performance of the licensed activity, seriously infringes the legislation relating to that activity;

(d) the property of the licence holder has been declared bankrupt; and

1. a single contract has been sold to a business establishment in the context of the liquidation of assets;

2. has acquired legal authority over a decision by which the court has terminated the operation of a commercial establishment; or

3. The date of termination of the business establishment as decided under point 2, or

(e) the licence holder has requested its cancellation in writing. ';

56. In Section 10 (3) of the introductory part of the provision, the words "if they find out 'are replaced by the words" if'.

57. in Article 10 (3) (b), the words "or the licence holder has entered into liquidation" shall be deleted;

58. in Article 10 (3), the following points (c) and (d) are inserted after point (b):

"(c) its holder no longer fulfils the financial conditions without a bankruptcy decision being given in respect of his property;

(d) the licence holder has entered into liquidation; ';

Points (c) and (d) shall be renumbered as points (e) and (f).

59.In Article 10 (3) (e), the text "Paragraph 14," is replaced by "Paragraph 14," or "

60.Paragraph 10 (4) reads:

"(4) Where the grounds for the revocation of a licence referred to in paragraph 2 are given, the Energy Regulatory Authority may decide to revoke the licence with a delay of up to 12 months from the date on which the decision to revoke the licence takes effect, where there is an urgent need to maintain the activity of the licence and the pursuit of the activity of the licence cannot be otherwise ensured. This does not apply if the licence holder proves to the Energy Regulatory Authority that he is unable to fulfil the obligations of the licence holder laid down by this law for obstacles which have occurred independently of his will and which cannot be overcome by his own means. Where such an obstacle is encountered during the period for which the effect of cancellation of the licence is deferred, the Energy Regulatory Authority shall, at the request of the licence holder, shorten the effect of revocation of the licence. ';

61.Paragraph 10 (7) reads:

"(7) The termination of the licence referred to in paragraph 1 shall be notified by the Energy Regulatory Authority to the market operator without delay after it becomes aware of it. '.

62. In Article 10, at the end of paragraph 11, the sentence "In the case of a transfer or deposit of a commercial establishment or part thereof, the same procedure shall be applied. ';

63.In Paragraph 10a (1):

"(1) The transmission system operator, transmission system operator and hydrogen transmission system operator may only operate a transmission system, transmission system or hydrogen transmission system if it holds a certificate of independence issued by the Energy Regulatory Authority. By granting an exemption from the horizontal separation obligation of the hydrogen transmission system operator pursuant to § 58p, the first sentence is not affected. '

64. in Article 10a (2), the words "or transmission system operator" shall be replaced by "transmission system operator or hydrogen transmission system operator" and the words "or § 58o" shall be added at the end of the text of paragraph 2.

65.In Article 10a (3), the words "or transmission system operator 'are replaced by the words", transmission system operator or hydrogen transmission system operator' and the words "or transmission system operator 'are inserted after the words" or transmission system operator'.

(66) In Article 10b (1), the words "or transmission system operators" are replaced by the words "transmission system operators or hydrogen transmission system operators" and the words "or transmission system" are replaced by the words "transmission system or hydrogen transmission system."

67.In Article 10b (2) (a), the words "or transmission system operator 'shall be replaced by", transmission system operator or hydrogen transmission system operator' and the words "or § 58o 'shall be inserted after the words" to 58n';

68. in Article 10b (3), the words "or transmission system operator" shall be replaced by the words "transmission system operator or hydrogen transmission system operator" and the words "or transmission system operator" shall be replaced by the words "transmission system operator or hydrogen transmission system operator";

69. in Article 10b (4) (c), the words "or transmission system operators" shall be replaced by the words "transmission system operators or hydrogen transmission system operators."

70. In Article 10b (5), the words "within 100 working days or in the case of a transmission system operator's certification," or "transmission system" shall be replaced by the words "transmission system or hydrogen transmission system" and the words "or transmission system operator" shall be replaced by the words "transmission system operator or hydrogen transmission system operator."

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Regulation Information

Citation	Act No. 87 / 2025 Coll., amending 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, and other related laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	31.03.2025
Effective from	01.08.2025
Effective until	-
Status	Valid

Parliamentary Paper: Paper No. 656

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Source: Hlídač státu (CC BY 3.0 CZ)

The regulation text is for informational purposes only.