Act No. 90 / 2014 Coll.
Act amending 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, and Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Laws, as amended
Valid
Effective from 21.05.2014
90
THE LAW
of 23 April 2014
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 Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Laws, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Energy Act
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 Acts (Energy Act), as amended by Act No. 151 / 2002 Coll., Act No. 262 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 278 / 2003 Coll., Act No. 356 / 2003 Coll., Act No. 670 / 2004 Coll., Act No. 420 / 2006 Coll., Act No. 458 / 2011 Coll., Act No. 342 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 155 / 2010 Coll., Act No. 211 / 2011 Coll., Act No. 299 / 2011 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll.
1. In Paragraph 11 (1), at the end of the text in point (f), the words "and the price to be paid for the costs associated with the promotion of electricity under the Act on Supported Energy Sources' are added.
2. In Paragraph 23 (1), the words "or, in the event of a proven non-payment of the cost of electricity support under the Act on Supported Energy Sources, which is not paid even after the warning 'shall be added at the end of the text in point (e).
3. In Article 24 (3) (c), at the end of point 9, the word "or 'shall be deleted; at the end of point 10, the word" or' shall be added and the following point 11 shall be added:
"11. in the event of a proven non-payment of the cost of electricity support under the Act on Supported Energy Sources, which is not paid even after notification, '.
4. In Article 24 (3) (d), at the end of point 10, the word "or 'is deleted; at the end of point 11, the word" or' is added and the following point 12 is added:
"12. in the event of a proven non-payment of the cost of electricity support under the Act on Supported Energy Sources, which is not paid even after notification,"
5. In Article 25 (3) (c), at the end of point 8, the word "or 'is deleted; at the end of point 9, the word" or' is added and the following point 10 is added:
"10. in the event of a proven non-payment of the cost of electricity support under the Act on Supported Energy Sources, which is not paid even after notification,"
6. In Article 25 (3) (d), at the end of point 10, the word "or 'is deleted; at the end of point 11, the word" or' is added and the following point 12 is added:
"12. in the event of a proven non-payment of the cost of electricity support under the Act on Supported Energy Sources, which is not paid even after notification,"
7. In Paragraph 25 (10) (b), the words "or, in the case of unauthorised collection, where a proven non-payment of the cost of the electricity promotion costs is not paid even after notification," shall be inserted after the words "in the case of unauthorised collection."
8. In Paragraph 30 (1), the words "or, in the case of a proven non-payment of the cost of electricity support under the Act on Supported Energy Sources, which is not paid even after notification 'are added at the end of the text in point (d).
9. In Paragraph 50 (6), the following sentence is inserted after the second sentence: "The contract for the distribution of electricity to an electricity trader shall also include a list of the points of demand of all customers with which the electricity trader has a contract in the designated territory of the distribution system operator in accordance with paragraph 2. '.
10. in Article 98a (2), the following point 12 shall be added at the end of point (h):
"12. the structure of the prices for the activities of the market operator and the manner and timing of accounting and reimbursement of the price for the activities of the market operator by individual electricity market participants, '.
11. in Article 98a (2), the following point 12 shall be added at the end of point (i):
"12. the structure of the prices for the activities of the market operator and the manner and timing of accounting and reimbursement of the price for the activities of the market operator by individual gas market participants, '.
Transitional provision
Within 6 months of the date of entry into force of this Act, the electricity trader shall propose to the distribution system operator, which provides for the distribution of electricity under the distribution contract concluded before the date of entry into force of this Act, an amendment to this contract in order to comply with the provisions of Paragraph 50 (6) of Act No. 458 / 2000 Coll., as effective from the date of entry into force of this Act.
Amendment to the Act on Supported Energy Sources
Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Acts, as amended by Act No. 407 / 2012 Coll. and Act No. 310 / 2013 Coll., is amended as follows:
1. In Article 2, at the end of point (x), the dot is replaced by a comma and the following point (y) is added:
"(y) the local distribution system operator holder of a power distribution licence whose distribution system is not directly connected to the transmission system.";
2. In Article 4, the following paragraph 11 is added:
"(11) Paragraph 6 (c) shall not apply to electricity producers from renewable sources whose shares in the aggregate nominal value of 100% of the capital are owned by the municipality under the Municipality Act. ';
3. In Section 4, paragraph 12 is added:
"(12) Paragraph 6 (c) shall not apply to a manufacturer who produces electricity from biogas and whose main activity is agricultural production. ';
4. in Article 5, the following paragraph 8 is inserted after paragraph 7:
"(8) Paragraph 7 shall not apply to secondary electricity producers whose shares in the aggregate nominal value of 100% of the capital are owned by the municipality under the Municipality Act. '
Paragraph 8 shall become paragraph 9.
5. In Article 6, the following paragraph 6 is inserted after paragraph 5:
"(6) Paragraph 5 shall not apply to electricity producers from high-efficiency cogeneration of electricity and heat whose shares in the aggregate nominal value of 100% of the share capital are owned by the municipality under the Municipality Act. '
Paragraph 6 shall become paragraph 7.
6. In Paragraph 12 (4), "paragraph 8 'is replaced by" paragraph 9' and "paragraph 6 'is replaced by" paragraph 7'.
7. In the first sentence of Article 13 (1), the words "pursuant to Article 28 (4) 'are replaced by" for the quantity of electricity referred to in Article 28 (5)' and in the second sentence, the words "between the market operator and the transmission system operator and the regional distribution system operator 'shall be inserted after the words" for the cost of electricity support'.
8. In Article 24, the following paragraph 9 is added:
"(9) Paragraph 6 (e) shall not apply to heat producers from renewable sources whose shares in the aggregate nominal value of 100% of the share capital are owned by the municipality under the Municipality Act."
9. In Paragraph 25, the following paragraph 7 is added after paragraph 6:
"(7) Paragraph 6 shall not apply to heat producers from renewable sources whose shares in the aggregate nominal value of 100% of the capital are owned by the municipality under the Municipality Act. '
10. In Paragraph 28, the following paragraph 4 is inserted after paragraph 3:
"(4) The electricity trader, the electricity producer, the transmission system operator or the distribution system operator shall charge the price for the costs associated with the support of electricity, including advances, to persons referred to in paragraph 5, 6 or 7 and shall be obliged to pay that price. The arrangements and dates for charging and paying the price for the costs associated with the promotion of electricity shall be laid down in implementing legislation. ';
Paragraphs 4 to 9 shall be renumbered paragraphs 5 to 10.
11. in Article 28 (5) (a) to (c):
"(a) customer
1. to the electricity trader or electricity producer for the quantity of electricity supplied under the combined electricity supply service contract or the transmission system operator or distribution system operator for the quantity of electricity supplied under the electricity transfer contract or electricity distribution contract; and
2. the transmission system operator or distribution system operator for the amount of electricity consumed by the customer or another participant in the electricity market at the customer demand point without the use of the transmission system or distribution system, including electricity consumed in the facilities connected to the customer demand point;
(b) the electricity producer to the transmission system operator or distribution system operator to which the electricity production is directly connected for the quantity of electricity consumed by the electricity producer or by another electricity market participant without the use of the transmission system or distribution system;
(c) the transmission system operator or the regional distribution system to the market operator for the quantity of electricity supplied to it under the electricity supply contract; ';
12. in Article 28 (5), the following point (d) is inserted after point (c):
"(d) the local distribution system operator of the distribution system to which the local distribution system is connected, for the amount of electricity supplied to it under the electricity supply contract and for the amount of electricity consumed in the local distribution system by the electricity producer or other electricity market participant without the use of the distribution system,"
13. In Paragraph 28, the following paragraphs 6 and 7 are inserted after paragraph 5:
"(6) The price to be paid by the electricity trader or the electricity producer to the customer shall be paid by the electricity trader or the electricity producer to the distribution system operator on account. It is considered that the proven repeated non-payment of the cost of electricity support by the electricity trader to the distribution system operator, which is not paid even after notification, is a serious breach of the legislation relating to the performance of the licensed activity in the performance of the licensed activity.
(7) The price to be paid by the local distribution system operator to the electricity market participant is payable by the local distribution system operator on the basis of the bill to the distribution system operator to which the local distribution system is connected. It is considered that the proven repeated non-payment of the electricity costs of the local distribution system operator by the local distribution system operator to which the local distribution system is connected, which is not paid even after notification, is a serious breach of the legislation relating to the performance of the licensed activity in the performance of the licensed activity. '.
Paragraphs 6 to 10 shall be renumbered paragraphs 8 to 12.
14. Paragraph 28 (8) is deleted.
Paragraphs 9 to 12 shall be renumbered paragraphs 8 to 11.
15. In Paragraph 37, the following paragraph 5 is added after paragraph 4:
"(5) The provisions of paragraph 4 shall not apply to electricity producers from a central electricity plant whose shares in the aggregate nominal value of 100% of the capital are owned by the municipality under the Municipality Act. ';
16. in § 53 (2) (o):
"(o) the method and timing of accounting and payment of the cost of electricity support between the market operator and the transmission system operator and the regional distribution system operator.";
EFFECTIVE
This Law shall take effect on the day of its publication, with the exception of the provisions of Article III (2), (4), (5), (6), (8), (9) and (15), which shall take effect on 1 July 2014.
z. Jerman v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 90 / 2014 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 Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Laws, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.05.2014 |
|---|---|
| Effective from | 21.05.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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