Information for Applicants

ADVICE FOR APPLICANTS:

Please note that submissions addressed to the Licensing Department of the Energy Regulatory Office (ERO) must meet the requirements laid down in Section 37 of Act No 500/2004, Rules of Administrative Procedure, as amended. The submission must contain the name of the administrative authority to which it is addressed, the other information required by the law and, in particular, the signature of the person filing the submission. This also applies to additions to already filed applications. Where an agent files a submission for a party to the proceedings, the ERO must receive evidence of the agent's authorisation to carry out acts for the party to the proceedings (a power of attorney). Where a party to the proceedings sends to the ERO only a document that does not contain the signature of the party or the party's agent (for example, a list of operations without any other content) this document is not a submission signed by the relevant person and as such cannot be taken into account.

Licence types

Electricity industry

Heat supply industry

Gas industry

Recognition of the authorisation to carry on business in electricity trading and gas trading in the Czech Republic – required information (PDF, 148 kB)

 

Licence validity

Licences for electricity trading and gas trading are granted for 5 years.

Licences for electricity generation, gas production and thermal energy are granted for 25 years.

Licences for electricity transmission, gas transmission, electricity distribution, gas distribution, gas storage, and thermal energy distribution, and the licence for market operator services are granted for an indefinite period of time.

If the licence applicant documents their legal title to, or some other right to use, the energy installation intended to be operated for the licensed activity for a time shorter than the time for which the applicant requests the licence, the licence tied to this installation is granted for no more than the existence of the legal title or right of use.

In the case of multiple energy installations (operations) where the applicant documents a right of use for a time shorter than for which the licence can be granted, the periods of validity matching the duration of the documented rights of use are specified for each of the operations.
 

Useful information before you file an application

 

Filing the application

Applicants file their submissions in writing or electronically (via a data box or e-mail message with an electronic signature) in/to the ERO's mail room (podatelna) using the relevant form.

Please note that submissions addressed to the Licensing Department of the Energy Regulatory Office ("ERO") must meet the requirements laid down in Section 37 of Act No 500/2004, Rules of Administrative Procedure, as amended. The submission must contain the name of the administrative authority to which it is addressed, the other information required by the law and, in particular, the signature of the person filing the submission. This also applies to additions to already filed applications. Where an agent files a submission for a party to the proceedings, the ERO must receive evidence of the agent's authorisation to carry out acts for the party to the proceedings (a power of attorney). Where a party to the proceedings sends to the ERO only a document that does not contain the signature of the party or the party's agent (for example, a list of operations without any other content), this document is not a submission signed by the relevant person and as such cannot be taken into account.

In order to expedite the processing of the application and to prevent any doubts, we will appreciate if all potential applicants submit the various application forms for each licensed activity separately when they are lodging more than one application for the grant/change/revocation of licences for different licensed activities (such as thermal energy production, thermal energy distribution, electricity distribution, electricity trading; etc). The administrative fee for licence grant/change/revocation has to be paid for each grant/change/revocation of the licence for each of the licensed activities.

 

 

Administrative fees

Administrative fees, amounts

  • Licence grant
    • CZK 1,000
      • for electricity, gas and thermal energy production up to an installed capacity of 1 MW inclusive;
      • for electricity, gas and thermal energy distribution up to a transport capacity of 1 MW inclusive;
    • CZK 10,000
      • for electricity transmission, gas transmission and gas storage;
      • for electricity, gas and thermal energy production with an installed capacity of over 1 MW;
      • for electricity, gas and thermal energy distribution with transport capacity over 1 MW;
    • CZK 100,000 for electricity trading and gas trading;
  • Licence change
    • CZK 1,000 for any change to the licence, including its extension at the licence holder's request, except changes related to changes already made in the business and civil registers;
  • Licence revocation
    • CZK 500 for all groups without limitation, including the revocation of the recognition of the authorisation to carry on business;
  • Recognition of professional qualifications
    • CZK 2,000; NB: The fee is paid for the acceptance of the application, i.e. it cannot be refunded;
  • Licence duplicates, licence counterparts, copies
    • CZK 500 for issuing a duplicate of the licence (in cases of its loss, destruction or theft);
    • CZK 50/page, even incomplete, for issuing a licence counterpart;
    • CZK 15 for the first page and CZK 5 for every subsequent page, for a copy made on a copier or on a computer printer;
    • CZK 40 for a copy of data carrier (CD).

 

 

Payment of administrative fees

  • Administrative fees up to CZK 5,000 can be paid using a revenue stamp or multiple revenue stamps;
  • Credit transfer to the ERO's bank account: information here (PDF, 76 kB).

 

Identification of the licence applicant

The applicant for licence grant must be properly identified as a unique legal person. The method of identification differs for natural persons and juristic persons. In the event of filing additional documents, care must be taken to ensure that the submission clearly indicates the applicant to whom the additional documents pertain. If the licence applicant is not specified in the sent documents (for example, in the plot of the energy installation in the cadastral map) and is not the sender shown on the envelope, the applicant has to enclose a cover letter or a note with the submission. Thank you.

Natural persons

Natural persons must be identified by their first name and surname, Birth Registration Number, and permanent residence using the details in their ID cards; foreign nationals are identified by their first name(s) and surname, date of birth, address of residence outside the Czech Republic and, if applicable, address of residence in the Czech Republic, if permitted.

A natural person can document their Reg. No. (in Czech ‘') by a copy of their Trade Licence Certificate or a certificate of entry in a Trades Licences or similar register in which the person is recorded. Being one of the editors of the ‘register of persons' (‘ROS'), the ERO is also authorised to arrange the assignment of a Reg. No. to licence applicants who are natural persons and have not yet received a Reg. No. A Reg. No. must be assigned to each economic entity, i.e. also licensees for business in energy industries. For this purpose the licence applicant who is a natural person and has never been assigned a Reg. No. can complete the form Application for Reg. No. assignment or recording (DOC, 13 kB).

Juristic persons

These entities must provide the most up-to-date Certificate of Incorporation (in Czech ‘výpis z obchodního rejstříku'); where the entity does not provide a Certificate of Incorporation the ERO obtains it on its own. Where a juristic person has been established (founded) and is not yet recorded (i.e. incorporated) in the Commercial Register, a copy of the formation document (Articles of Association or some other agreement, Memorandum of Association, etc.) on the establishment of the juristic person will suffice for this purpose. Where the applicant does not apply for registration in the Commercial Register within 90 days of the service of the decision on licence grant or if the application for registration is not granted, the decision on licence grant becomes void. The procedure is similar in the case of foreign juristic persons: if a juristic person has not set up an organisational unit (component) in the Czech Republic, within 90 days of the service of the decision on licence grant it must apply for its registration in the Commercial Register. If it fails to do so or if the application for registration is not granted, the decision on licence grant becomes void. 

A different entity [a society (formerly an association of persons under the law on the associating of citizens), a state-owned company, a municipality, a semi-autonomous organisation, a special-interest association of juristic persons, a government agency/instrumentality or government organisations established under Act No 219/2000, a charity, etc.] can also apply for a licence. These entities also have to provide a document proving their legal existence, i.e. a certificate issued by the register in which they are registered, or their formation documents.

Signing licence applications, persons authorised to deal with the ERO on licence grant, change or revocation

The application must be hand signed by the applicant who is a natural person; for a juristic person, it must be signed under Section 30 of Act No 500/2004, Rules of Administrative Procedure, as amended ("Rules of Administrative Procedure") by the individuals who have this right under Section 21 of Act No 99/1963, Rules of Civil Procedure, as amended ("Rules of Civil Procedure") and under the company's Certificate of Incorporation. The signature on the application does not have to be notarised; however, in case of doubt the ERO may request an official verification that the signature is genuine.

Where the application has been signed by somebody else than the applicant who is a natural person or by the governing body (i.e. directors) of the applying juristic person or the governing body's member (i.e. a director) authorised to do so under Section 21 of the Rules of Civil Procedure, it must be accompanied by a power of attorney or a written authorisation for that other person to handle the application for licence grant, change or revocation with the ERO. In such cases the ERO usually requires such document to be a ‘special authorisation' or a ‘special power of attorney' for all dealings with the ERO in respect of licence grant, change or revocation. The ERO usually requires this document to be either the original or a notarised copy.

Licence Power of Attorney (model form) (DOC, 76 kB) Please note that the model form of the Licence Power of Attorney is absolutely non-binding and that no claims can be raised against the ERO on the basis of using the form. Please read the introductory remark on the power of attorney carefully; you will find it on the first page. Update of the power of attorney on 3 October 2016: The agent's authorisation to appoint, but not to remove, a responsible representative under Section 6 of the Energy Act was added to the power of attorney.

Forms and model documents for download

Forms can be filled in manually or electronically. When completing forms electronically please move between columns using the tabulator (Tab/Shift + Tab) or the mouse cursor, and do not use Enter.

Payment of administrative fees

Payment of administrative fees (PDF, 76 kB)

Assignment and recording of a Registered Number (Reg. No.) for licence applicants who are natural persons

Application for Reg. No. assignment or recording (DOC, 13 kB)

Information on Reg. No. assignment and recording (PDF, 35 kB)

Licence forms

Application for a licence (DOC, 109 kB) for business in energy industries, for natural persons (A1)

Foreign natural person (DOC, 86 kB) annex to the form (A1)

Application for a licence (DOC, 121 kB) for business in energy industries, for juristic persons (A2)

Foreign juristic person (DOC, 85 kB) annex to the form (A2)

Details for obtaining information from the Criminal Records (DOC, 89 kB)

Appointment of a responsible representative (B) (DOC, 93 kB)

Statement of a responsible representative (DOC, 69 kB)

Application for a change to a licence (DOC, 106 kB) for business in energy industries, for natural persons (C1)

Application for a change to a licence (DOC, 126 kB) for business in energy industries for juristic persons (C2)

Application for the revocation of a licence (DOC, 106 kB) for business in energy industries, for natural persons (D1)

Application for the revocation of a licence (DOC, 98 kB) for business in energy industries, for juristic persons (D2)

Application for the recognition of an authorisation (DOC, 144 kB) to carry on business in energy industries (electricity/gas trading), pro natural persons (Z1)

Application for the recognition of an authorisation (DOC, 149 kB) to carry on business in energy industries (electricity/gas trading), for juristic persons (Z2)

Electricity generation: List of operations (DOC, 115 kB)

Electricity distribution: List of delineated served areas (DOC, 105 kB)

Electricity transmission: List of installations (DOC, 318 kB)

Gas production: List of operations (DOC, 85 kB)

Gas distribution: List of delineated served areas (DOC, 97 kB)

Gas transmission: List of installations (DOC, 132 kB)

Gas storage: List of storage facilities (DOC, 84 kB)

Thermal energy production: List of operations (DOC, 109 kB)

Thermal energy distribution: List of delineated served areas (DOC, 83 kB)

List of delivery stations (DOC, 94 kB)

Statement of good financial standing (DOC, 39 kB)

Financial forecast (DOC, 115 kB) of the applicant for a licence for a licensed activity

Model forms for the consent of a co-owner of one part of the electricity generating plant (this means, for example, the co-owners of the civil part of a small hydroelectric power station; in case of equipment, this is usually the case when the process part of the plant is also a part of matrimonial property under Section 708 et seq. of the Civil Code, i.e., it is acquired during the course of the marriage and the spouses do not have separate assets).

If the licence applicant is not a co-owner of any part of the electricity plant a part of which, usually the real estate, is owned by a different owner, an agreement allowing using that part has to be signed. The model form of the agreement can be extended to include additional provisions, or a different agreement (contract) can be concluded, for example a lease. In such a case please enclose that other contract with the licence application and from the model form only use the paragraph on the owner's consent.

Please note that the model form of the agreement is absolutely non-binding and that no claims can be raised against the ERO on the basis of using the form.

Guidance for preparing the business plan (PDF, 285 kB)

 

Licence grant

Form A: For natural persons (DOC, 109 kB), for juristic persons (DOC, 121 kB)

General prerequisites for licence grant

An age of at least 18, legal capacity, personal integrity, and professional competence of the licence applicant or the appointed responsible representative are understood to be the general prerequisites for licence grant.

Personal integrity of the licence applicant and the responsible representative

Under Section 5 (1) and (2) of the Energy Act, the requirement for personal integrity applies to the following individuals:

  • the licence applicant who is a natural person;
  • all members of the governing body (all directors) of the licence applicant who is a juristic person;
  • all members of the governing body (all directors) of the juristic person who is a member of the governing body (directors) of the licence applicant;
  • the responsible representative of the licence applicant (see below on the responsible representative).

For this purpose, the applicant provides a Criminal Record Certificate showing the situation as at the day of filing the application (the original or a notarised copy) or the form Details for obtaining information from Criminal Records (DOC, 89 kB).

If any of the above persons is a foreign national, under Section 7 (4) (b) of the Energy Act the ERO requires a certificate issued by the criminal records authority of the country concerned or an equivalent document issued by an authority of the country of which the individual is a national as well as of the country in which the individual last lived continuously for at least 6 months during the course of the last 3 years. If the country does not issue such documents, the individual must deposit a statement of personal integrity before the competent authority of the country. These documents or statement must not be older than 6 months; they must be originals or notarised copies (in the required cases, they must bear a legal certification proving the verification of the signature and stamp on the document for the purpose of using it in another country, for example, an apostille) and must be supplied together with an officially certified translation into Czech.

Professional competence (of the licence applicant or the responsible representative)

The requirement for professional competence must be met

  • by the licence applicant who is a natural person; if the applicant does not meet the conditions for being a responsible representative they must appoint a responsible representative;
  • by the licence applicant who is a juristic person; such applicant must appoint a responsible representative at all times.

The applicant's or the responsible representative's professional competence does not have to be evidenced for electricity generation from renewable sources having an installed capacity of up to 20 kW inclusive.

The following education and work experience can evidence professional competence:

  • Full higher education in an engineering discipline and at least 3 years of work experience in that area, or full secondary technical education in an engineering discipline with a General Certificate of Secondary Education (GCSE; matura in German, maturita in Czech) and at least 6 years of work experience;
  • In respect of electricity or thermal energy production with an installed capacity of up to 1 MW inclusive and a self-standing electricity distribution installation or thermal energy distribution installation with an installed capacity of up to 1 MW inclusive, vocational training in that area and at least 3 years of work experience in the area, or a certificate of retraining for the operation of small energy generating plants or a similar certificate issued in another country (this retraining and certificate can be obtained from Svaz podnikatelů pro využití energetických zdrojů (Association of Businesses for Energy Source Utilisation)) will suffice.

Professional competence must be documented by a notarised copy of the diploma or GCSE, vocational certificate or another document proving the achieved level of education, issued by the relevant school in compliance with the legislation, and a confirmation of employment (a document proving work experience, issued by the employer under Section 313 of the Labour Code) or an employee reference letter, or in some other trustworthy manner, if the individual has acquired the required work experience in an employment or a labour relationship; in the case of the individual's own business, by a certificate issued by the Trades Licences register and a tax return or by another document clearly showing that the applicant or the responsible representative has carried on business activities in the area for the time required by the Energy Act, or in another manner that does not raise legitimate doubts about professional competence.

Responsible representative

Responsible representatives must meet the general prerequisites and possess personal integrity and professional competence (see above for all of this).

The ERO approves the appointment of the licence holder's responsible representative.

Form B Appointment of a responsible representative (DOC, 93 kB) and form Statement of the responsible representative (DOC, 69 kB) must be attached to the application. Form B must be signed by the authorised person and form Statement of the responsible representative must bear a notarised signature of the responsible representative. A person authorised to act, as recorded in the Commercial Register, may appoint a responsible representative; otherwise, under a power of attorney.

A member of the Supervisory Board or of another supervisory body of the juristic person must not be the juristic person's responsible representative on account of a potential conflict of interests.

If the responsible representative terminates their activities or no longer meets the conditions for holding this position, the licence holder must nominate a new responsible representative within 15 days of the moment at which the responsible representative terminated their activities or ceased to meet the conditions for holding this position. Failure to meet this requirement is an administrative offence under Section 91 (1) (a) of the Energy Act. Pending the approval of the new responsible representative, the licence holder is responsible for the performance of the licensed activity.

Start of the licensed activity, expected time of carrying on business

Authorisation for the licensed activity

The authorisation to perform the licensed activity comes into existence no earlier than on the day of the finality of the decision on licence grant. The authorisation may also come into existence later, depending on the day on which the licence of the preceding operator of the same energy installation terminates.

Finality of the decision on licence grant, change or revocation

Licence holders are well advised to have the ‘confirmation of finality' affixed to their decision on licence grant/change/revocation. At the licence holder's request, the ERO affixes it following the finality of the decision. The finality confirmation can only be affixed to the original (counterpart) of the decision on licence grant/change/revocation or its certified copy.

  • Decisions on licence grant/change/revocation become final at the end of the 15-day period granted for filing an appeal (if the last day on which the appeal can be filed /the 15th day/ is a Saturday, Sunday or public holiday, the last day of the period is the nearest business day and the decision becomes final on the following day).
  • The applicant can waive the right to appeal, either in writing or orally for the record. However, when the right to appeal is waived in writing and the waiver is sent to the ERO via a postal service, the necessary administrative time limit must be taken into account. The licence holder can only waive the right after receipt of the decision on licence grant/change/revocation. The waiver of the right to appeal is effective from the moment of its delivery to the ERO.

Subject to prior arrangements with the competent official in the Licensing Department, the applicant (or the applicant's representative) can appear in person to collect the decision on licence grant/change/revocation directly at the ERO's Ostrava offices, where they confirm collection of the decision and can also waive the right to appeal. Thereupon, the confirmation of finality is affixed to the original of the decision on licence grant/change/revocation (if requested).

Licence validity

  • Licences for business in energy industries are granted for 25 years (for electricity, gas or thermal energy production) or for an indefinite period (for electricity and gas transmission, electricity and gas distribution, gas storage, thermal energy distribution, and the market operator's services) from the day of finality of the decision on licence grant, however, for no longer than the time for which the legal title or the right of use to the energy installation for operating the licensed activity was evidenced.
  • Licences for electricity trading and gas trading are granted for 5 years. These licences can be extended by another 5 years if the application for this change is filed no earlier than 6 months and no later than 90 days before the end of the period for which the licence was granted.

Relationship to the installation to be used for operating the licensed activity

The applicant must prove their legal title or right of use to the energy installation that is to serve for operating the licensed activity. Where the licence applicant is not the owner of the energy installation, the applicant must also provide consent of the owner of the energy installation to the use thereof for the purpose specified by the Energy Act at least for the period for which the licence is to be granted; in the case of doubts, for an indefinite period. (The model form of consent for photovoltaic plants is available here (DOC, 46 kB); it has to be modified for other energy installations.)

Where more than one person own the energy installation (co-ownership of a ‘shared item'), the co-owners who will not operate the energy installation must give their consent in writing to the use of the energy installation by the operating co-owner for the purposes specified in the Energy Act. The co-owners' consent is required when the licence applicant is not the majority owner, and thus is not authorised to independently handle the shared item.

The proprietary relationship to the installation must be documented by a title deed or a right of use document, which is understood to be, for example, a purchase agreement, a contract for work, a deed of gift, an agreement on the purchase of an enterprise or a part thereof, a lease agreement, a rental agreement, a statement on a contribution to a company together with the relevant formation document and, if applicable, the relevant amendment thereto, etc.

The legal title to an energy installation is evidenced by

  • a copy of the entry in the land register if this title is registered in the land register, or
  • a contract or other document proving the acquisition of the title if the title is not registered in the land register.

The right of use to an energy installation is evidenced by:

  • a copy of the entry in the land register if the right to use the real estate follows from the entry in the land register, or
  • a contract or other document under which the applicant has acquired the right to use the energy installation, if the right is not registered in the land register.

Where the legal title or the right of use to the energy installation cannot be documented as above, they can also be evidenced in a different manner that does not raise legitimate doubts. Where the applicant is not the owner of the energy installation they must, upon request, also document the owner's legal title as above described.

Financial standing

Financial standing is understood to be the applicant's ability to finance the operation of the activity for which a licence is required, and the ability pay the current and future liabilities for at least 5 years.

The licence applicant does not have financial standing if arrears on taxes, customs duties, charges, social security contributions, contributions to the government's employment policy, or premiums towards general health insurance, and on fines, are registered in respect of the applicant.

The applicant does not have financial standing if over the last 3 years a court cancelled receivership against the applicant on the grounds that the asset distribution order had been carried out, or a court rejected an insolvency petition because the debtor's assets would not suffice to pay the costs of the insolvency proceedings, or decided to cancel receivership on the grounds of the debtor's assets being entirely insufficient.

Imposed penalties are also regarded as arrears under applicable legislation. The existence of arrears is not affected by arrangements for a payment schedule.

Financial standing is not documented for the following activities ONLY:

  • Electricity generation if the installed electrical capacity of the installation is lower than 200 kW;
  • Thermal energy production if the installed thermal capacity of the installation is lower than 1 MW.

Where the licence is to be changed (typically when an additional generating source is erected in the generating plant) and the new sum of the installed capacities of the sources in the plant (not under the entire licence) exceeds 200 kWe or 1 MWt inclusive, financial standing must be documented.

Other applicants document the meeting of the above conditions as follows:

  • By output from the insolvency register reflecting the status as at the day of filing the application, that over the last 3 years until the day of filing the application a court did not cancel receivership against the applicant on the grounds that the asset distribution order had been carried out, or a court did not reject an insolvency petition on the grounds that the debtor's assets would not suffice to pay the costs of the insolvency proceedings, or a court did not decide to cancel receivership on the grounds of the debtor's assets being entirely insufficient. Where the applicant is not incorporated or recorded in the Trades Licences or similar register, or did not carry on business over the last 3 years, they evidence these facts in another manner that does not raise legitimate doubts, for example, by the applicant's declaration;
  • By confirmations (originals or certified copies) that for the applicant,
    • no arrears are recorded by the Financial Administration of the Czech Republic, reflecting the status as at the date of application filing, and
    • no arrears are recorded by the Customs Administration of the Czech Republic, reflecting the status as at the date of application filing, and
    • no arrears are recorded concerning the contributions to social security and contributions to the government's employment policy, or penalties thereon, issued by the competent District Social Security Administration, reflecting the status as at the date of application filing;
  • In a manner that does not raise legitimate doubts, such as the applicant's statement that in respect of the applicant no arrears are recorded on premiums towards public health insurance or other arrears on fines and charges, which cannot be evidenced by the documents issued under the preceding two points;
  • By the amount of available funds:
    • monthly bank account statements showing the opening and closing balances over the last 12 preceding calendar months or for a shorter period if the applicant has not carried on business for at least one year, or
    • a letter from the bank with which the applicant keeps an account on the applicant's ability to pay their financial liabilities and on movements in the account over the last 12 preceding calendar months or for a shorter period if the applicant has not carried on business for at least one year, or
    • a loan agreement or other similar agreement if the applicant's own funds do not suffice;
  • By tax records or records of income and expenditure under the law on income tax, or the latest financial statements, including notes thereto, in the summary format, where the applicant carried on business in the preceding accounting period; the latest full financial statements must be provided in cases where the applicant is obliged to have them audited;
  • By a business plan containing a description of the applicant's long-term ability to finance the licensed activity (this is not required in the case of applications for electricity and gas trading licences);
  • By a financial forecast containing the expected costs of and revenues from the licensed activity; the content of the applicant's financial forecast is set out in Annex 22 to Public Notice 8/2016 on the details of licensing for business in energy industries, as amended (this is not required in the case of applications for electricity and gas trading licences).

Where a Czech juristic person that it not yet registered in the commercial register applies for a licence, the non-existence of arrears is documented by that person's statement.

Where a foreign juristic person that has not yet set up an organisational unit (component) in the Czech Republic applies for a licence, it documents the non-existence of arrears by confirmations issued by the competent authorities to its parent company.

Where a foreign juristic person that has set up an organisational unit (component) in the Czech Republic applies for a licence, it also documents the non-existence of arrears by confirmations issued by the competent authorities to the parent company.

Technical requirements

Technical requirements are deemed satisfied for an energy installation the safety of which has been proved to the extent and under the conditions laid down in laws and regulations on occupational health and safety and in accordance with technical documentation. Where the energy installation is a construction, the licence applicant also has to prove to have the right to use or otherwise operate the construction.

Applicants prove the satisfaction of technical requirements for energy installations by a document evidencing the safety of the energy installation, which is:

  • For energy installations being newly commissioned, a report on the initial inspection of the energy installation if a separate piece of legislation or a technical standard requires an initial inspection before commissioning.
  • For operated energy installations, a report on initial inspection if no obligation to carry out regular or operating inspections of the energy installation has arisen; otherwise, a report on a regular or operating inspection of the energy installation, or proof of a test of the energy installation unless a separate piece of legislation or a technical standard requires an inspection of the energy installation or a test of the energy installation. The inspection report must contain, in particular, the following (source: the ČSN 33 1500 standard):
    • Specification of the inspection type (initial, periodical or extraordinary inspection);
    • Specification of the extent of the inspected electrical installation;
    • Dates of inspection start and end; the preparation and delivery of the inspection report;
    • The name and signature of the inspection engineer with their registration number;
    • The conclusion of the inspection report must state whether the electrical installation is operable in terms of safety. Where the inspection reveals defects, the inspection report must specify the provisions of the standard or other regulation that the defect violates.
  • In the case of low-pressure boiler rooms, record of an expert review of the boiler room. 
    Only a person familiar with the regulations on the operation, manning and maintenance of boiler room equipment and related regulations, such as a heating engineer, a boiler inspection engineer, or a power engineer may carry out the review. Such person must write down a record of the review. Reviews focus on the condition of the boiler room, the boiler's condition inside and outside, and the condition of the safety system, burners, pumps, tanks, water treatment equipment, coal feeding and ash removal equipment, flue ducts and chimneys. (Citation from Public Notice 91/1993 ČUBP on the safety of work in low-pressure boiler rooms.)

The document evidencing the safety of the energy installation can be replaced with an expert opinion attesting to the safety of the energy installation.

On the day on which they are provided to the ERO, the documents proving the completion of an inspection, an expert review or a test or an expert opinion under the preceding points must not be older than 6 months unless a separate piece of legislation or a technical standard lay down a different period of time.

The documents specified in the preceding points must attest to the safety of the whole energy installation. In respect of applications concerning larger-capacity energy installations, the applicants usually document their safety by several inspection reports.

When correcting already supplied inspection reports please differentiate the corrected version from the original version by changing the identifiers: two entirely identical inspection reports (date and number of the report, etc.) containing different data are illogical and may cause doubts as to their credibility.

If the energy installation contains products the conformity of which has been assessed under Act No 22/1997 on Technical Requirements for Products and Amending Certain Laws, as amended, the CE Marking on the products proves their safety.

Applicants also attach the following to their applications for a licence for energy installations, by type:

  • Photovoltaic plants: The sum of the rated capacities of each of the PV panels and their type (the number of panels times the rated output of a panel);
  • Cogeneration units (combustion): A photograph of the nameplate on the set and its technical data sheet;
  • Hydroelectric power stations: A photograph of the nameplate on the alternator;
  • CCGT plants: A photograph of the nameplate on the whole turbine set; in its absence, a photograph of the nameplate on the alternator;
  • Wind power plants (turbine): A photograph of the nameplate on the alternator and the technical data sheet;
  • Thermal power stations (water steam, ORC): A photograph of the nameplate on the whole turbine set; in its absence, a photograph of the nameplate on the alternator;
  • Boilers: A photograph of the nameplate on the boiler or its ‘passport', and the technical data sheet (where the output is stated in tonnes of steam per hour, the applicant provides output converted to MW).

Furthermore, applicants prove satisfaction of technical requirements:

  • By a decision permitting water use and disposal if under the Water Act the permission to use and dispose of water is a precondition for operating the energy installation;
  • By a decision permitting the relevant mining activity if under the law on mining activities, explosives and the state administration of extraction, the permission of the relevant mining activity is a precondition for operating the energy installation.

If the energy installation is a construction under the Construction Act, the applicant also proves satisfaction of technical requirements for the energy installation as follows:

  • In the case of an energy installation used early, the planning office's permission to use the construction early before its completion.
  • In the case of an energy installation in trial operation:
    • the building permit if the planning office required trial operation in its building permit, or
    • the planning office's decision to permit or require trial operation.
  • In the case of other energy installations being newly commissioned:
    • a zoning decision in the case of a construction or installation that does not require a building permit or notification, or
    • a zoning approval in the case of a construction or installation that does not require a building permit or notification, or
    • a public contract in the case of a construction or installation that does not require a building permit or notification, or
    • a zone control plan substituting for the relevant zoning decision in the case of a construction or installation that does not require a building permit or notification, or
    • a notification to the planning office of the intention to start using the construction together with the applicant's statement that the planning office has not prohibited the use of the construction, or
    • approval for use (in Czech kolaudační souhlas).
  • In the case of operated energy installations:
    • a zoning decision in the case of a construction or installation that does not require a building permit or notification, or
    • a zoning approval in the case of a construction or installation that does not require a building permit or notification, or
    • a notification to the planning office of the intention to start using the construction together with the applicant's statement that the planning office has not prohibited the use of the construction, or
    • the planning office's decision upon completion (in Czech kolaudační rozhodnutí) or its approval for use (in Czech kolaudační souhlas) granted under the Construction Act, or as-is documentation for the construction, or simplified documentation, or
    • some other document issued by the planning office or in another trustworthy manner proving the satisfaction of the conditions for using or operating a construction under the Construction Act.

All documents issued by planning offices and other administrative authorities must be provided with the ‘confirmation of finality' affixed to them, if possible.

In the case of constructions with an installed capacity of up to 20 kW, with the exception of constructions of waterworks, the ERO does not require to see the building permit or the notification of building in cases where the planning office does not require such notification, building permit or other document. Otherwise, the licence applicant must provide such document to the ERO without any request.

If the licence has been granted on the basis of the planning office's document showing the applicant's authorisation to use or otherwise operate the energy installation and having a limited period of validity (such as permission of early use or permission of trial operation), the applicant subsequently must, before the end of that period, provide the approval for use, or another document extending the authorisation to use or otherwise operate the energy installation.

 

Licence change

Under Section 9 of the Energy Act, the licensees must promptly notify the ERO of any changes in the information and documents that are designated as those required for the licence application – they must provide documents showing such changes and apply for a change to the licence decision.

In the case of replacements of responsible representatives, applicants attach the relevant forms and documents concerning the responsible representative. In the case of adding to or changing the energy installation, including the closedown of the operation or the revocation of the delineated served area, the relevant forms and documents concerning the operations and delineated areas must be attached.

Where the omission of an operation or a delineated area from the licence results in a business reduction having an impact on the current customers, the procedure is the same as in the case of licence revocation.

In the case of increasing the number of operations, new delineated areas, or changes in the technical parameters of the existing operations the licensee has the right to start operating the licensed activity in such operations or in the delineated area to the relevant extent no earlier than on the day of finality of the decision on licence change.

Exceptions from licence changes to be initiated by licensees

It is not necessary to apply for a licence change due to the electricity TSO's, the gas TSO's, DSOs', and thermal energy distribution licensees' new energy installations if these new energy installations have been built within the area in which the relevant energy installation operator holds the relevant licence. Such operator notifies changes concerning newly built energy installations, acquired energy installations or the energy installations that the operator ceased to use for their licensed activity (including removed energy installations) in aggregate for the past calendar year within the regulatory returns sent to the ERO by 30 April.

Please note that the above method

  • only applies to the above licensees' energy installations in the case of which such changes were made (i.e. start of operation, end of operation, etc.) for the past calendar year; and
  • does not apply to new delineated served areas.

The obligation to prove that energy installations satisfy the proprietary and technical requirements continues to be in place. In the case of installations being removed, there is no need to evidence the notification of customers or the proposal for addressing such situation under Section 10 (6) of the Energy Act, the way it is in the case of proceedings at a request.

Through links arranged by commodity – electricitygas and heat – you can find more detailed information and model forms for reporting aggregate changes for the preceding calendar year. Please note that this method does not apply to new delineated served areas. 

You also do not have to apply for a licence change related to changes already entered in the business and civil registers (change of the company's name or registered office, change of the individual's name or permanent residence, etc.). Nevertheless, for clarity and currency we recommend that you at least notify the ERO of these changes. You can use one of the following channels:

  • notification in a data message (the ID of our data box is eeuaau7),
  • notification in a letter sent by post (the address is Provozní 5491/1, 722 00 Ostrava), or
  • notification via e-mail to podatelna@eru.cz

 

Notification of aggregate changes under Section 9 (1) of the Energy Act, the electricity industry

Notification of aggregate changes under Section 9 (1) of the Energy Act

1          What cases are covered by the option to notify aggregate changes to energy installations as part of regulatory returns?

The electricity TSO's, the gas TSO's, DSOs', and thermal energy distribution licensees' new energy installations if these new energy installations have been built within the area in which the relevant energy installation operator holds the relevant licence. Such operator notifies changes concerning newly built energy installations, acquired energy installations or the energy installations that the operator ceased to use for their licensed activity (including removed energy installations) in aggregate for the past calendar year within the regulatory returns sent to the ERO by 30 April (the "L" return). You therefore send the return to the ERO only in the case of changes over the last calendar year within the areas in which you hold the relevant licences.

The obligation to prove that energy installations satisfy the proprietary and technical requirements continues to be in place.

Please note that the method of notification through regulatory returns does not apply to new delineated served areas.

2          I have notified the ERO of changes to the energy installations in my delineated areas and applied for a licence change; am I still obliged to notify these effected changes through regulatory returns?

No, the obligation applies to the changes to energy installations, which have not yet been included in the latest wording (version) of the decision on licence grant.

3          Which period does the "L" return cover?

The past calendar year, or a shorter period of the past calendar year under point 2.

4          What identifier should I use when sending the "L" return to the ERO?

To speed up the process, send the "L" return to the ERO separately (for example, in a separate data message), i.e. not together with the other regulatory returns. Write Licence Change Return in the subject of the message.

5          What are the recognised options for delivering "L" returns?

  1. in electronic form:

1) through the ERO's data box ID: eeuaau7

or

2) via e-mail with an advanced electronic signature of the licensee or the person authorised to act on behalf of the licensee, to podatelna@eru.cz

  1. in documentary form signed by the licensee or the person authorised to act on behalf of the licensee and also in electronic form to podatelna@eru.cz

Please note that sending "L" returns via simple e-mail without an advanced electronic signature is not a formal submission under Act No 500/2004, Rules of Administrative Procedure, as amended, and as such is not fit to initiate administrative proceedings under the last sentence of Section 9 (1) of the Energy Act.

6          Where can I find the returns?

The "L" return on aggregate changes for electricity distribution (XLSM, 37 kB)

The "L" return on aggregate changes for electricity transmission (XLSM, 34 kB)

The 22-L return on aggregate changes for gas distribution (XLS, 83 kB)
The 23-L return on aggregate changes for gas transmission (XLS, 76 kB)

The 32-L return: Changes to energy installations for thermal energy distribution (XLSM, 35 kB)

Simple returns for each type of licence are appended to the ERO's public notice no. 262/2015 on regulatory reporting, as amended.

 

 

Licence revocation

When applying for licence revocation, under Section 10 of the Energy Act the licensee must provide:

  • a proposal for addressing the situation and a list of the market participants concerned;
  • documents proving that the licensee has notified the intended termination of operations to all the market participants concerned, with whom the licensee has in place contracts under the Energy Act (notifications with advice of delivery or signatures of the market participants, an advertisement, agreements on supply termination, etc.).

In the case of licence revocation, as part of the conducted administrative proceedings the applicant must provide, in addition to the conclusive notification to the market participants concerned, also a proposal for addressing the situation, i.e., for example, information about who will continue in the activity after the current operator or, when terminating activities without a successor, the specific reasons for this, etc. The above applies mutatis mutandis also in cases of licence changes where an energy installation is removed (typically the removal of the delineated served area).