This translation of the Act No. 251/2012 Coll. as amended on Energy and on amendment of certain ...

142 Pages·2013·0.69 MB·English

120731_Energy Act as approved_NRSR official_EN_131120
This translation of the Act No. 251/2012 Coll. as amended on Energy and on
amendment of certain laws is not binding and serves for informational
purposes only. The only binding wording of the Act No. 251/2012 Coll. as
amended on Energy and on amendment of certain laws is published by the
Collection of Laws of the Slovak Republic.
Act No. 251/2012
dated 31 July 2012
on Energy
and on the amendment of certain laws
Amendment: Act No. 391/2012 Coll.,
Amendment: Act No. 382/2013 Coll.
The National Council of the Slovak Republic has passed this Act as follows:
Article I
CHAPTER ONE
BASIC PROVISIONS
Section 1
Subject matter of the Act
This Act governs:
a) the conditions for conducting business in the energy sector,
b) access to the market, rights and obligations of market participants in the energy sector,
c) measures designed to ensure the security of electricity and gas supply and operation of the
internal electricity market and internal gas market,
d) rights and obligations of entities whose rights and obligations may be affected by market
participants in the energy sector,
e) the performance of state administration in the energy sector,
f) the performance of state supervision and control of business in the energy sector,
Basic Provisions
Section 2
For the purposes of this Act:
a) in general,
1. 'energy sector' means the electricity sector, gas sector, the pipeline transportation of fuels or oil,
the filling of pressure vessels with liquefied petroleum gas (hereinafter the "pressure vessel")
and the distribution of liquefied petroleum gas;
2. 'defined territory' means the territory of the Slovak Republic in which the transmission system
operator or distribution system operator is obliged to provide the transmission of electricity or
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distribution of electricity or in which the transmission system operator or distribution network
operator is obliged to provide the transmission of gas or distribution of gas;
3. 'part of the defined territory' means the territory of the Slovak Republic in which the transmission
system operator or distribution system operator is obliged to provide the transmission of
electricity or distribution of electricity, or in which the transmission system operator or distribution
network operator is obliged to provide the transmission of gas or distribution of gas;
4. 'territory of the European Union' means the defined territory and territories of the other Member
States of the European Union and contracting parties to the Treaty on European Economic Area
(hereinafter a "member state");
5. 'territory of third countries' means territory other than the territory of the European Union;
6. ‘security of electricity and gas supply’ means the capability of a system and network to supply
final electricity and end gas consumers and ensuring the safety of energy facilities as well as the
balance between supply and demand of electricity and gas within the defined territory or its part;
7. 'internal market' means the electricity market or gas market, which is realized within the territory
of the European Union;
8. 'interconnection of system or network’ means the interconnection of the transmission system or
network with a system or network that transports electricity or gas in the territory of the
European Union, or which transports electricity or gas to a third-country territory;
9. 'the settlement of deviations’ means the settlement of differences between the contractually
agreed values of electricity or gas supplies or off-take and the values of electricity or gas
supplies or off-take in a specific period of time determined under the rules for operation of the
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electricity market and the gas market under a special regulation ) (hereinafter the „market
rules”);
10. 'regulated access to the electricity system or to gas network' means access to a system or to a
network in accordance with a special regulation and at regulated prices,2)
11. ‘connection to system or network’ means ensuring necessary capacity for connection in the
system or the network and the physical connection of an electricity facility or electricity offtake
equipment to the system or the physical connection of a gas facility or gas offtake equipment to
the network;
12. ‘access to a system or network’ means access based on a contract on
12.1 access to the transmission system and the transmission of electricity, whereby access to
the transmission system is understood as entitlement to use the transmission system to the
scope of the contractually agreed transmission capacity,
12.2 access to the distribution system and the distribution of electricity, whereby access to the
distribution system is understood as entitlement to use the distribution system to the scope of
the contractually agreed distribution capacity,
12.3 access to the transmission network and the transmission of gas, whereby access to the
transmission network is understood as entitlement to use the transmission network to the scope
of the contractually agreed transmission capacity,
12.4 access to the distribution network and the distribution of gas, whereby access to the
distribution network is understood as entitlement to use the distribution network to the scope of
the contractually agreed distribution capacity,
12.5 access to the upstream pipeline network and the transport of gas, whereby access to the
upstream pipeline network is understood as entitlement to use the upstream pipeline network to
the scope of the contractually agreed capacity,
12.6 access to a storage facility and the storage of gas, whereby access to the storage facility is
understood as entitlement to use the storage facility to the scope of the contractually agreed
storage capacity,
s) Section 40 (4) of Act No. 250/2012 Coll. on regulation in network industries.
2) Act No. 250/2012 Coll.
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13. ‘operational safety’ means uninterrupted operation of the transmission system and the
distribution system or the transmission network and the distribution network under foreseeable
operating conditions,
14. ‘universal service’ means a service for consumers of electricity in households, consumers of gas
in households or small-sized undertakings, provided by an electricity supplier or gas supplier
based on a contract on combined supply of electricity or contract on combined supply of gas,
which at the same time includes the distribution of electricity and the supply of electricity, or the
distribution of gas and the supply of gas, and assumption of responsibility for deviations, to the
prescribed quality3) at reasonable, easily and clearly comparable, transparent and indiscriminate
prices,
15. ‘intelligent metering system’ means a set composed of specific meters4) and other technical
means that enable the collection, processing and transmission of measured data on the
production and consumption of electricity or gas, as well as the provision of these data to market
participants,
16. ‘control’ means an option to exercise, based on legal or factual circumstances, a decisive
influence over activity of an undertaking, in particular through
16.1 ownership or other rights to the undertaking or its parts,
16.2 rights, contracts or based on other facts allowing to exercise a decisive influence over the
composition, voting or decision of bodies of the undertaking
b) in the electricity sector,
1. 'electricity generating facility' means a facility that is used for conversion of any of the various
energy sources into electricity; this includes the infrastructure and technological equipment,
2. ‘electricity transmission’ means the transport of electricity by the transmission system within the
defined territory or the transport of electricity by the transmission system to and from
interconnected systems of Member States or third countries for the purpose of its transit to
electricity consumers,
3. ‘ transmission system’ means interconnected ultra-high and very-high
voltage electricity lines and electricity facilities necessary for the transmission of electricity within
the defined territory, interconnected electricity lines of ultra-high and very-high voltage and
electricity facilities necessary for the interconnection of the transmission system with a
transmission system outside the defined territory; the transmission system also includes
metering, protection, control, security, information and telecommunications equipment
necessary for operation of the transmission system,
4. 'electricity distribution' means the transport of electricity by way of the distribution system in part
of the defined territory for the purpose of its transit to electricity consumers,
5. ‘distribution system’ means interconnected very-high voltage electricity lines up to 110 kV
inclusive, and high voltage and low voltage lines and electricity facilities necessary for the
distribution of electricity within the part of the defined territory; the distribution system also
includes metering, protection, control, security, information and telecommunications equipment
necessary for operation of the distribution system; the distribution system also includes
electricity lines and electricity facilities used for the transport of electricity from a part of the
European Union territory or from a part of a third-country territory to the defined territory or part
of the defined territory, if such an electricity line or electricity installation does not link a l
transmission system with a transmission system of a Member State or with a third-country
transmission system;,
6. 'direct line' means an electricity line linking:
6.1.the electricity producer with the final consumer of electricity;
6.2.the electricity producer with a consumer of electricity that is not connected to the
transmission system or to the distribution system,
3) Section 22 (4) of Act No. 250/2012 Coll.
4) Section 8 of Act No. 142/2000 Coll. on metrology and on amendment and supplement to certain laws as amended by Act No.
431/2004 Coll.
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7. ‘interconnector’ means the lines linking a transmission system with a transmission system of
Member States or a third-country transmission system,
8. 'system' means interconnected electricity facilities of the electricity producer, transmission
system operator, distribution system operator, direct line operator and the owner of an electricity
connection, which are used for the generation, transmission and distribution of electricity; the
system also includes the metering, protection, control, security, information and
telecommunications equipment necessary for operation of the system,
9. 'electricity facility' means a facility/installation used for the generation, connection, transmission,
distribution or supply of electricity,
10. ‘ancillary service’ is a service purchased by a transmission system operator in order to ensure
the provision of system services required for maintaining the quality of electricity supply and to
ensure operational reliability of the system and to comply with international standards applicable
to interconnected systems,
11. 'system service' means the service of the transmission system operator required to ensure
operational reliability of the system in the defined territory; this includes services of the
transmission system operator necessary for safe operation of the electricity producer's
generating facilities,
12. 'offtake point' means an electricity offtake point consisting of one measuring point,
13. ‘measuring point' means a connection point of a system user to the system equipped with the
determined meter,4)
14. “offtake model diagram” is a sequence of values of the average hourly offtakes in a year serving
as the basis for determining the amount of electricity offtake by electricity consumers without
flow meters used for the purposes of deviation settlement of entities for settlement,
15. ‘electricity supply' means the sale of electricity,
16. 'domestic coal' means coal mined in the defined territory,
17 ‘balancing electricity’ means electricity procured in real time by the transmission system operator
in order to ensure a balance between immediate consumption and production of the electricity in the
system, in the defined territory,
18 'deviation of electricity market participant' means the deviation occurring within a given period as
the difference between the contractually agreed volume of electricity supply or consumption and the
volume of electricity supplied or taken off in real time,
19 'system deviation' means the size of procured balancing electricity,
20. 'activity of organizer of the short-term electricity market’ means the organization and
arrangement of the evaluation of the organized short-term cross-border electricity market, the
settlement of deviations, the administration and related activities to the extent under the market
rules,
21. ‘organized short-term cross-border electricity market’ means a cross-border market with
electricity organized by the Short-term electricity market organizer in which entities for settlement
participate,
22. ‘evaluation of the organized short-term cross-border electricity market’ means determination of
the prices and volumes of electricity traded by individual organized short-term cross-border
electricity market participants,
23. ‘balance between electricity supply and demand’ means satisfying foreseeable demand from
consumers in the utilization of electricity without the need to take steps to reduce electricity
consumption
24. 'the metering of produced electricity at terminals of an electricity generating installation' means
measuring the total electricity generation by way of the designated meter4) at the generator
terminals installed at the electricity generation installation;
25. 'regional distribution system' means a distribution system to which more than 100,000 offtake
points are connected,
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26. 'local distribution system' means a distribution system to which not more than 100,000 offtake
points are connected,
27. 'managing energetic effectiveness' means a procedure aimed at affecting the quantity of
electricity consumption and a time schedule of electricity consumption with a view to decrease
primary consumption of electricity; affecting of the quantity of electricity consumption and the
time schedule of electricity consumption can be achieved by preferring such investments which
shall ensure energetic effectiveness, to measures which establish the expenditure of additional
investments to increase production capacity or measures aimed at interruption of electricity
supplies, if the preferred investments are a more effective and economically convenient solution,
taking into account also their positive impact on the environment,
28. small source means facility for generation of electricity from renewable source with the total
installed power up to 10 kW
c) in the gas sector,
1. 'gas' means natural gas, including LNG, biogas, biomethane, gas produced from biomass, and
any other types of gas if such gases meet the criteria for gas transmission or gas distribution,
2. 'gas production' means the extraction of natural gas, or the production of biogas, production of
gas from biomass5) or production of gas from some other gaseous hydrocarbon,
3. 'gas transmission' means the transport of gas through a gas transmission system for the
purpose of its transport to gas consumers,
4. 'gas distribution' means the transport of gas through a gas distribution network for the purpose
of its transport to gas consumers,
5. 'distribution network' means the gas distribution equipment within part of the defined territory,
including high-pressure gas lines that serve primarily for the transportation of gas to part of the
defined territory, except for gas lines that part of other networks,
6. 'transmission system' means the network of compressor stations and the network foremost of
high pressure gas pipelines that are interconnected and which serve primarily for transporting
gas in the defined territory, excluding the upstream network, and high-pressure gas pipelines
that serve primarily for transporting gas to part of the defined territory,
7. 'storage facility' means a facility used for the stocking of natural gas or LNG, including ancillary
services for injection into the storage facility, extraction from the storage facility, treatment, and
transport of gas to or from the system, but excluding storage facilities6) or parts thereof used to
secure extraction activities or used exclusively by transmission system operators or distribution
system operators in order to carry out their activities,
8. 'LNG facility' means a terminal used for the liquefaction of natural gas, or for the regasification of
LNG, or for temporary storage of LNG during the period necessary for regasification, and which
includes ancillary services and temporary storing of LNG for the period necessary for
regasification and subsequent supply of gas to the transmission network,
9. 'system' means the transmission system, distribution system, LNG facility, storage facility, facility
for the provision of ancillary services, and facility necessary for providing access to the system,
10. 'direct line' means a gas pipeline which is not part of the transmission system or distribution
system in the defined territory,
11. 'offtake point' means a gas offtake point equipped with a designated meter44),
12. ‘'gas supply' means the sale or resale of gas, or the sale of LNG, to gas consumers,
13. 'ancillary service' means a service necessary for access to the system, operation of the system
including the operation of facilities necessary for system balancing or facilities necessary for gas
5) Section 2 (1) of Act No. 309/2009 Coll. on support to renewable sources of energy and highly effective combined generation
and on amendment and supplement to certain laws, as amended by.
6) Section 34a of Act No. 44/1988 Coll. on protection and utilization of mineral resources (the Mining Act), as amended.
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blending or equipment necessary for injection of inert gases, but excluding facilities needed by
the system operator to execute its own activities,
14. ‘linepack' means the storage of gas by compression in the pipelines of transmission or
distribution systems; it excludes the storage of gas in facilities reserved for the operators of such
systems to carry out their own functions,
15. 'system balancing' means the compensating of imbalances in the system by the supply of gas to
the system, or by the removal of gas from the system or by linepack,
16. 'combined system' means a network which includes a transmission system, distribution system
and storage facility, or any combination thereof,
17. 'upstream pipeline network' means a pipeline network used to transport extracted natural gas
from the point of natural-gas extraction to the point of natural-gas processing or to the point
where natural gas is delivered to the transmission system or the distribution system or to a
storage facility,
18. 'gas equipment' means a gas facility or gas offtake equipment,
19. 'gas facility' means a facility designed for gas transmission, gas distribution, or gas storage,
including facilities necessary for the provision of ancillary services, equipment necessary for
ensuring access to and operation of the system, including the main gas shutoff valve and direct
line,
20. 'gas offtake equipment' means a gas consumer's equipment intended for the offtake of gas,
21. 'main gas shutoff valve' means an equipment that is operated by the network operator and that
separates the gas facility from the offtake equipment or from the gas facility of another gas
undertaking,
22. ‘gas supply model diagram’ means a substitute method for determining daily gas offtakes,
deviation settlement and for the purpose of substitute meter readings in the case of final gas
consumer groups for which the gas supplier has no gas offtake data at its disposal on a daily
basis,
23. ‘agreed access to the system’ means access to the system agreed with gas market participants
with commercial terms of access to the system published in advance,
24. “deviation of the gas market participant” means any deviation occurred within a certain time
period as a difference between the contractually agreed quantity of a supply or gas offtake and
the supplied or offtaken quantity of gas in the real-time.
Section 3
For the purpose of the Act
a) in general
1. 'undertaking' means a person which pursues business in the energy sector,
2. 'affiliated undertaking' means an undertaking controlled by other undertaking or several
undertakings, because such other undertaking or undertakings are affiliated in terms of property and
personnel, as a result of which they have a decisive interest in voting rights,
3. 'affiliated connection' means a direct or indirect interest of other undertaking or undertakings in
voting rights as a result of the fact that they have an interest in the registered capital of other
undertaking or shares of the undertaking to which a decisive interest in voting rights is attached, or
shares of the undertaking to which a decisive interest in voting rights is attached,
4. 'personal connection' means a situation when a statutory body, a member of a statutory body, a
member of a supervisory body of an undertaking or undertakings is the same person or the same
persons or at least the majority thereof with a decisive interest in voting rights in such body or if a
statutory body, a member of a statutory body, a member of a supervisory body of an undertaking or
undertakings are close persons; the decisive interest means an absolute majority in voting rights,
5. 'integrated undertaking' means a vertically integrated undertaking or horizontally integrated
undertaking,
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6. 'vertically integrated undertaking' means a vertically integrated power undertaking or a vertically
integrated gas undertaking,
7. 'horizontally integrated undertaking' means an undertaking pursuing one of the activities: generation
of electricity, transit of electricity, distribution of electricity or supply of electricity and other activity
which is not in the scope of business in the energy sector or an undertaking pursuing one of the
activities: generation of gas, transit of gas, distribution of gas, storage of gas or supply of gas and
other activity which is not in the scope of business in the gas sector,
8. 'settlement coordinator' means a person ensuring settlement of deviations,
9. 'supplier of last resort' means a holder of license to supply electricity, which supplies electricity to
end electricity consumers or a holder of license to supply gas which supplies gas to end gas
consumers to be determined by the Office for the Regulation of Network Industries (the “office”) in
its decision,
10. “small-sized undertaking” the end electricity consumer with the annual consumption of
electricity no more than 30 000 kWh for a previous year or the end gas consumer with the annual
consumption of gas no more than 100 000 kWh for a previous year,
11. 'supplier providing a universal service' means an electricity supplier or a gas supplier supplying
electricity or gas to electricity household consumers, gas household consumers or to small-sized
undertakings,
b) in the electricity sector
1. 'generator of electricity' means a person holding a license to generate electricity under this Act,
2. 'transmission system operator' means a person holding a license to transit electricity in the defined
territory,
3. 'distribution system operator' means a person holding a license to distribute electricity in part of the
defined territory,
4. 'vertically integrated electricity undertaking' means a power undertaking or a group of electricity
undertakings, in which the same person or persons are directly or indirectly authorized to exercise
control or any from persons exercising joint control, and where an undertaking or a group of
undertakings pursue at least one of the activities: transit of electricity or distribution of electricity and at
least one of the activities: generation of electricity or supply of electricity,
5. ' electricity undertaking' means a person which pursues at least one of the activities: generation of
electricity, transit of electricity, distribution of electricity, supply of electricity or purchase of electricity
for purpose of other sale of electricity and which is in connection to such activities responsible for
commercial tasks, technical tasks or maintenance; electricity undertaking is not an end electricity
consumer,
6. 'supplier of electricity' means a person holding a license to supply electricity,
7. 'consumer of electricity' means a person which buys electricity for the purpose of its further sale or
an end electricity consumer,
8. 'end electricity consumer' means a consumer of electricity in household or a consumer of electricity
outside household which buys electricity for its own consumption,
9. 'consumer of electricity in household' means a physical person which buys electricity for its own
consumption in household,7)
7) Section 2, Section 13 and Section 24 (1) of Act of the National Council of the Slovak Republic No. 182/1993 Coll. on
ownership of dwelling and non-dwelling premises.
Section 119, Section 120 (1), Section 121 (1) and 2 of the Civil Code.
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10. 'consumer of electricity outside household' means a person which buys electricity which is not
used for the own consumption of a customer of electricity in household,
11. 'eligible consumer of electricity' means a person authorized to select a supplier of electricity,
12. 'billed entity' means an electricity market participant who selected a regime of its own responsibility
for deviation and entered into a contract for settlement of deviations,
13. 'party to organized short-term cross-border electricity market' means a billed entity which entered
with the organizer of short-term electricity market in a contract on access and conditions of
participation in the organized short-term cross-border electricity market,
14. 'organizer of short-term electricity market' means a person under Section 37, holding a license for
activity of the organizer of short-term electricity market,
15. 'user of the system' means a person which supplies electricity or consumes electricity through the
transmission system or the distribution system or entered with the transmission system operator or the
distribution system operator into a contract,
16. 'provider of ancillary services' means an electricity market participant which has in connection with
the provision of ancillary services a contractual relationship with the settlement coordinator and with
the transmission system operator in accordance with technical conditions of the transmission system
operator under Section 19,
17. 'vulnerable household electricity consumer' means a household electricity consumer whose vital
functions are depending upon the offtake of electricity or which is strongly disabled8) and uses
electricity for heating and which reported such fact to, and demonstrated it itself or through its
electricity supplier to the distribution system operator to which his connection point is connected, in the
manner specified in the market rules,
c) in the gas sector
1. 'producer of gas' means a person means which extracts natural gas, operates upstream pipeline
network for the extraction of natural gas or produces biogas, gas from biomass5) or gas from gaseous
hydrocarbon under this Act,
2. 'vertically integrated undertaking' means a gas undertaking or a group of gas undertakings, in which
the same person or persons are directly or indirectly authorized to exercise control or any from
persons exercising joint control, and where an undertaking or a group of undertakings pursue at least
one of the activities: transit of gas, distribution of gas, operation of LNG facilities, gas storage and one
of the activities: production of gas or supply of gas,
3. 'gas undertaking' means a person which pursues at least one of the activities: production of gas,
transit of gas, distribution of gas, purchase of gas for its resale of for storing of gas including
permanent storing of LNG and which is in connection with such activities responsible for commercial
tasks, technical tasks or maintenance; end gas consumer is not a gas undertaking,
4. 'transmission network operator' means a gas undertaking authorized to transit gas under this Act,
5. 'distribution network operator' means a gas undertaking authorized to distribute gas under this Act,
6. 'supplier of gas' means a person holding a license for gas supply,
7. 'storage facility operator' means a gas undertaking holding a license to store gas under this Act,
8. 'LNG facility operator' means a person authorized to operate LNG facilities under this Act,
9. 'network user means' a person which supplies gas or offtakes gas through the network or has with
the network operator a contractual relationship,
8) Section 2 of Act No. 447/2008 Coll. on financial contribution for compensation of severe disability and on amendment and
supplement to certain laws as amended by Act No. 180/2011 Coll.
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10. 'gas consumer' means a person which purchases gas for its resale or for the purpose of its own
consumption,
11. 'end gas consumer' means a household gas consumer or a non-household gas consumer which
purchases gas for its own consumption,
12. 'household gas consumer' means a physical person which purchases gas for its own consumption
in household,7)
13. 'non-household gas consumer' means a person which purchases gas which is not used for the
own consumption of a household gas consumer,
14. 'eligible gas consumer' means a person authorized to select a gas supplier,
15. 'combined network operator' means a gas undertaking authorized to operate a combined network
under this Act,
16. 'protected gas consumer' means a gas consumer connected to the distribution network and which
is
16.1 a household consumer of gas,
16.2 a small-sized undertaking,
16.3 a gas consumer that produces heat and hot industrial water intended for households7) or
for the persons under subsections 16.4 through 16.7 and which is not able to use in the
production of heat alternative fuel,
16.4 health-care facility operator9)
16.5 social services facility 10)
16.6 facility for the social protection of children and social custody,11)
16.7 school,12)
16.8 a gas consumer except for the gas consumer under sections 16.1 through 16.7 to the
extent and under the terms specified by a special regulation13) and a generally binding legal
regulation, issued under Section 95 (1) (a).
17 ‘vulnerable household gas consumer’ means a household consumer of gas who is strongly
disabled8) and who uses gas for heating and who announced and demonstrated this circumstance
either alone or via their gas supplier to the operator of the distribution system to which their offtake
point is connected, in the manner as per the market rules,
CHAPTER TWO
SUBCHAPTER ONE
CONDUCTING BUSINESS IN THE ENERGY SECTOR
Section 4
Conducting business in the energy sector
(1) Undertaking business in the energy sector includes:
9) Section 7 of Act No. 578/2004 Coll. on health care providers, health-care workers, professional organizations in the health-
care sector and on amendment and supplement to certain laws as amended.
10) Section 25 through 29, Section 32 through 40 a Section 56 through 60 of Act No. 448/2008 Coll. on social services and on
amendment and supplement to Act No. 455/1991 Coll. on Trades, (Trade License Act) as amended.
11) Section 45 of Act No. 305/2005 Coll. on social protection of children and on social care, and on amendment and supplement
to certain laws as amended by Act No. 466/2008 Coll.
12) Section 27 of Act No. 245/2008 Coll. on education (the School Act) and on amendment and supplement to certain laws.
13) Art. 2 (1)(a) of regulation of the European Parliament and Council (EU) No. 994/2010 dated 20 October 2010 on measures to
ensure the safety of gas supplies, repealing regulation of the Council 2004/67/ES (Ú. v. EÚ L 295, 12.11.2010).
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a) the generation, transmission, distribution and supply of electricity,
b) the activity of organizer of the short-term electricity market,
c) the production, transmission, distribution, storage and supply of gas,
d) the operation of pipelines for the transport of fuels or oil,
e) the operation of equipment for the filling of pressure vessels,
f) the operation of equipment for the distribution of liquefied petroleum gas.
(2) Undertaking business in the energy sector does not refer to electricity generation, electricity
distribution, gas production and gas distribution solely for one’s own consumption and electricity
supply including ensuring electricity transit, electricity distribution and other services related to
electricity supply and gas supply, including ensuring gas transit, gas distribution and other services
related to gas supply to other persons at purchase prices, including parts of the price for electricity
transit, electricity distribution and other services related to electricity supply and parts of the price for
gas transit, gas distribution and other services related to gas supply without any further increase; this
shall not apply if this relates to electricity supply to end electricity consumers connected to the local
distribution system. This is without prejudice to the provisions of Sections 12 through 14.
(3) The price per a unit of supplied electricity and gas under subsection 1 including parts of the
price for transit of electricity, distribution of electricity and other services connected to a supply of
electricity and parts of the price for gas transit, gas distribution and other services connected to a gas
supply must be the same as the price in a tax document issued for such supply of electricity of
supplies of including parts of the price for transit of electricity, distribution of electricity and other
services connected to a supply of electricity or parts of the price for gas transit, gas distribution and
other services connected to a gas supply.
(4) Undertaking business in the energy sector does not refer to electricity generation in a small
source by the producer if it does not make claim to subsidy by supplementary payment according to
special enactment14 and which concurrently is electricity consumer in household and its annual
electricity generation does not exceed 1.5-multiple of 12-month real consumption of point of supply
calculated based on average daily consumption according to the last statement of account of the
consumer in household. At new points of supply, the 12-month real electricity consumption is replaced
by the projected annual electricity consumption specified in the building permit.
(5) The duty of notification shall apply accordingly to the parties which pursue activities referred to
in subsection 2 and 4, under which duty such parties shall be obliged to notify the office, within 30
days, of the commencement, termination and change of such activity. The notice shall contain the
name, surname, address of the residency of a physical person or the trade name, identification
number of a legal person, the place of activity, date of commencement, change or termination of the
activity and a description of the energy facility, if used for the activity being notified.
Section 5
Professional qualification
(1) Professional qualification means proving the required educational attainment and
professional experience, and passing the relevant examinations.
(2) Education and training shall be demonstrated by documents confirming
a) attainment of a secondary education specialized in a technical field and seven years of
professional experience in the energy sector;
b) completion of a full secondary education specialized in a technical field and six years of
professional experience in the energy sector;
c) the completion of a secondary specialized education with higher education in a technical or
economic field and five years of professional experience in the energy sector;
14 Section 3 subsection 1 item c) of Act No. 309/2009, as amended.
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