Decree No. 108 / 2011 Coll.
Ordinance on gas measurement and the method of determining the compensation for unauthorised collection, unauthorised delivery, unauthorised storage, unauthorised transport or unauthorised distribution of gas
Valid
Effective from 01.05.2011
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108
DECLARATION
of 14 April 2011
on the measurement of gas, physical and chemical parameters determining the quality of the gas and the method of determining compensation for unauthorised collection, unauthorised delivery, unauthorised storage, unauthorised transport or unauthorised distribution of gas
The Ministry of Industry and Trade provides, pursuant to § 98a paragraph 1 (a) of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended by Act No. 158 / 2009 Coll., Act No. 211 / 2011 Coll., Act No. 165 / 2012 Coll., Act No. 131 / 2015 Coll., Act No. 362 / 2021 Coll., Act No. 469 / 2023 Coll. and Act No. 87 / 2025 Coll., and under Section 53 (1) Sb., Act No. 165 / 2012 Coll., on Supported Energy Resources and on the Amendment of Certain Laws, as amended by Act No. 382 / 2021 Coll.:
Basic provisions
(1) Gas measurements are carried out at a measuring point allowing the measurement of the quantity and, where appropriate, the pressure of the gas, the regulation of gas flow, the measurement of the physical and chemical parameters of the gas for the purpose of calculating its supply in kWh or MWh and the transfer of data to the dispatches. The measuring point is established
(a) between the transmission system and
1. the gas system of another State, if it is no longer established in the territory of that State,
2. distribution system,
3. production gas,
4. a gas container,
5th sampling point,
(b) between the distribution system and
1. the gas system of another State, if it is no longer established in the territory of that State,
2. by another distribution system,
3. Production gas, with the exception of distribution systems which distribute a type of gas other than natural gas or biomethane;
4. a gas container,
5th sampling point,
(c) between gas storage tanks; and
1. the gas system of another State;
2. production gas,
3. another gas container,
4. sampling point,
(d) between the production gas and the gas installation of another gas manufacturer or the point of sampling for the supply of biomethane to a service station or dispens4).
(2) The gas measurement activity shall include installation, operation and operation of the measuring equipment, inspection and maintenance of the measuring equipment, subtraction, transmission and storage of measurement data.
(3) Data on the quantity of gas in m3 are to be reported at all measuring points except for measuring points between the transmission or distribution system or gas storage system and the gas system of another State under reference conditions: temperature 15 ° C and pressure 101,325 kPa for dry gas (gas not containing water vapour, relative humidity h = 0). The combustion heat in kWh / m3 and Wobbe's number in kWh / m3 shall be reported at a reference combustion temperature of 15 ° C.
Types of measuring equipment
(1) A measuring device is used to measure the amount of gas and to evaluate the data
(a) running measurement with the conversion of values to the conditions referred to in Article 1 (3), which shall record continuously the value of the quantity of gas per measurement interval,
1. with daily data transmission ("Type A measurement") which is further divided into measuring devices with data transmission up to 1 hour (Type A1 measurement) and 24 hours (Type A2 measurement); the type of measurement A1 and A2 is decided by the relevant system operator that owns the installation;
2. with data transmission other than daily (type B measurement),
(b) running measurements without conversion of values which record the value of the amount of gas per measurement interval (hereinafter "S-measurement");
(c) non-continuous measurements without conversion of values,
1. with monthly calculation of data (hereinafter referred to as "CM measurement"),
2. with a non-monthly calculation of data (hereinafter referred to as type C measurement).
(2) A measuring device allowing the measurement of physical and chemical gas parameters is used to measure the combustion heat.
Allocation of the relevant measurement type
(1) Measurement of type A equips measuring points
(a) between the transmission system and
1. by the offshore gas system,
2. distribution system,
3. production gas,
4. a gas container,
(b) between the distribution system and
1. by the offshore gas system,
2. another distribution system (excluding emergency connections of distribution systems),
3. production gas,
4. a gas container,
(c) for sampling points
1. directly connected to the transmission system,
2. with an annual sample of more than 52 500 MWh,
(d) between the gas container and
1. the gas system of another State;
2. production gas,
3. another gas container,
4. sampling point,
(e) between the production gas and
1. gas equipment of another gas manufacturer,
2. the point of sampling for the supply of biomethane to the service station or dispense4).
(2) By measuring type A or B the amount of gas at the sampling point is measured
(a) directly connected to the high-pressure part of the distribution system with an annual sample above 630 MWh;
(b) directly connected to the medium or low pressure part of the distribution system with an annual sample of more than 2 100 MWh up to and including 52 500 MWh.
(3) By measuring type S, the amount of gas at the sampling point connected to the distribution system may be measured where it is not technically or economically appropriate to install the measurement type A or B.
(4) The measurement of type CM shall measure the amount of gas at the sampling point directly connected to the medium or low-pressure part of the distribution system with an annual sampling of 630 MWh to 2 100 MWh inclusive, unless such sampling points are equipped for technical or economic reasons with measurements of type A, B or S.
(5) By measuring type C, the amount of gas for other sampling points is measured.
(6) For technical operational or economic reasons, the measuring points at the sampling points may be fitted with type A or B measuring devices even in the case of lower annual gas sampling than in paragraph 1 (c) (2) or paragraph 2 (b). The installation of a type A or B measuring device shall be decided by the relevant transmission system operator or distribution system operator to which the demand point is connected.
(7) In the case of a combination of the flow-through and non-flow-through measurement type at one sampling point, consumption of non-flow-through measurement types of CM at individual gas dhneh1) shall be determined by linear calculation of monthly consumption and the number of days of the month.
Gas measurement interval
(1) For type A measurements:
(a) a basic measuring interval of 1 hour; for the first hour, the start is set at 06: 00: 00 and the end at 07: 00: 00 gas day,
(b) the basic interval for the processing and transmission of measured data within the measuring equipment on the gas day.
(2) For type B measurements:
(a) a basic measuring interval of 1 hour; for the first hour, the start is set at 06: 00: 00 and the end at 07: 00: 00 gas day,
(b) the basic interval for processing and transmission of measured data within the measuring device 1 gas month1).
(3) For type S measurements:
(a) a basic measuring interval of 1 hour; for the first hour, the start is set at 06: 00: 00 and the end at 07: 00: 00 gas day,
(b) the processing of the measured data within the measuring equipment shall, as a general rule, be carried out once every 12 calendar months in succession, but not later than 14 calendar months in succession.
(4) For type CM measurements, the basic interval for processing the measured data of the measuring device is 1 month.
(5) For type C measurements, the processing of gas measurement data shall normally be carried out once every 12 calendar months consecutive but no later than 14 calendar months consecutive.
Gas measurement data
(1) Gas measurement data are transmitted in m3, kWh.m-3, kWh, MWh or m3.h-1, kW and MW between gas market participants. The conversion of gas supplies from volume units to energy units shall be carried out according to the conversion of volume units of the quantity of gas into energy referred to in Annex 1 to this Decree.
(2) The gas measurement data are:
(a) the data recorded and read by the transmission system operator or distribution system operator measuring equipment, if any, calculated on the basis of the data from that measuring equipment;
(b) data deducted from the measuring equipment and transmitted directly by a gas market participant to the distribution system operator, or data calculated on the basis of the data transmitted, if the amount of consumption at the sampling point corresponds to the nature of consumption and the course of consumption during the preceding periods;
1. for data deducted by the customer with type of measurement C only if the deduction is received within 5 working days of the due deduction date and for the data deducted by the customer with the type of CM measurement only if the deduction is delivered by the second working day within 12: 00 hours of the due deduction date,
2. for the deduction by the customer when changing the price of gas or distribution, the distribution system operator shall take into account this deduction on the last day of the month in which the change occurred when it was delivered within 14 calendar days of the change in the price of gas or distribution;
3. for the deduction by the customer when changing the gas supplier, the distribution system operator shall accept the deduction under the conditions laid down by the legislation laying down the rules of the gas market (1);
4. In the case of a customer change at a demand point, the distribution system operator shall, as a priority, accept the deduction from the new customer directly or through its gas trader at the date of the change;
(c) the replacement data recorded by the control measuring device which is not owned by the transmission system operator or distribution system operator, provided that such equipment is installed, provided that it complies with another regulatory provision (3) and that the consumption determined by that device is verifiable and corresponds to the nature of the consumption or supply of gas and the course of consumption during the previous periods;
(d) substitute data obtained by calculation in accordance with paragraph 3, estimated in accordance with paragraph 4 or by mutual agreement between the gas market participants concerned;
(e) data based on a contractual relationship where delivery and distribution are carried out without measuring the amount of gas by the measuring equipment.
(3) The calculation of the replacement data on the consumption or supply of gas and its operation shall be carried out by the transmission system operator or distribution system operator on the basis of a protocol authorised by the service or report on the failure or failure of the measuring equipment, in accordance with the level of gas consumption in the previous comparable period, on the basis of a comparable nature of the gas collection, on the basis of a report authorised by the service or report on the failure or failure of the measuring equipment. Where data on the amount of consumption or supply of gas cannot be used in the previous period, the calculation of the replacement consumption or supply of gas shall be made on the basis of a check deduction in the following comparable period.
(4) In the absence of data recorded by the measuring equipment, the transmission system operator or distribution system operator shall establish an estimate of the replacement consumption or gas supply data in accordance with the legislation laying down the rules of the gas market (1).
(5) In the case of an additional finding of an error in the measurement data or the value of the gas GCV at the measuring points referred to in Article 1 (1), except for the sampling points, a correction of the error in the calculation of the gas data transmitted in the month following the determination of the erroneous data may be made.
Processing of gas measurement data
The processing of gas measurement data shall be carried out for the purpose of proper billing for the settlement period as well as for:
(a) the change of gas supplier at the sampling point;
(b) the start of the supply of gas by the supplier of the last instance;
(c) termination of gas supply by the supplier of the last instance;
(d) the change of the distribution system operator;
(e) the change of gas manufacturer;
(f) change of customer at the sampling point;
(g) the end of collection or supply of gas to the sampling point;
(h) end of distribution to the sampling point;
(i) the creation and termination of an obligation to distribute beyond the licensing framework (2);
(j) the change made to the measuring equipment;
(k) announcement of emergency status (2) or emergency status (2);
(l) termination of emergency (2) or emergency (2),
(m) introduction of new node quality points.
Gas measurement conditions
(1) For new or reconstructed demand points, the location of the measuring equipment shall be determined by the relevant transmission system operator or distribution system operator. The measuring device shall be installed at the measuring point as close as possible to the passing point.
(2) At the request of a gas market participant and where technically permitted by the installed measuring equipment, measurement data may be provided directly at the measuring site or in a way that allows remote access.
(3) Type measurement A main and back-up measurement series shall be provided if the hourly sampling of the sampling or transfer point is greater than or equal to 1000 MWh.
Measuring equipment
(1) The installation, dismantling or replacement of a measuring device or part thereof at a measuring site not owned by a transmission system operator or distribution system operator must be agreed in advance by the relevant transmission system operator or distribution system operator.
(2) Dismantling or replacement of measuring equipment may be carried out in particular at the end of the collection or supply of gas, the interruption of the collection or supply of gas due to unauthorised collection or supply, unauthorised transport, unauthorised distribution, detection of fault or failure on the measuring equipment, periodic verification of the measuring equipment or verification of the accuracy of the measurements at the request of the gas market participant concerned.
(3) The exchange of measuring equipment shall also be carried out where the range of existing measuring equipment does not comply with actual sampling or the type of measuring equipment does not correspond to the assignment of the relevant measurement type. The replacement shall be carried out within the agreed time limit with the customer on the spot provided for the installation of the new measuring equipment within 30 days of the setting of the new technical measuring conditions by the relevant operator, unless the customer and the relevant operator agree otherwise.
(4) The gas market participant concerned shall be informed of the dismantling or replacement of the measuring equipment or part thereof. For the purpose of official verification, the gas market participant concerned shall be informed at least five days in advance of the exchange of the measuring equipment or part thereof, by notifying information to the address or other contact communicated by the gas market participant concerned to the owner of the measuring equipment, including the possibility of using means of distance communication.
(5) In the case of a measuring device dismantled to verify the accuracy of the measurements, the end-state recording and identification of the measuring device (serial number, type of measuring device, year of verification) shall be carried out without delay by the distribution system operator. The final status record shall also be recorded by the distribution system operator by means of a photograph with a time stamp or by means of a protocol agreed by the customer.
(6) The failure or failure of the measuring equipment shall be demonstrated by the protocol of the authorised metrology centre or, in the event of a manifest defect or failure, by a message drawn up by the transmission system operator or distribution system operator.
Transmission and storage of measurement results
(1) Measured gas supply and consumption data for Type A and Type B measurements are kept in the measuring equipment for at least 40 days from the date of measurement.
(2) The measurement data necessary to account for the supply and take-off of gas and the actual value of the supply and take-off of gas transmitted to the market operator for the assessment of derogations shall be kept by the licence holder providing the measurement for at least 36 months from the date of measurement. The scope and timing of the transmission of measurement data necessary for the accounting of gas supplies and withdrawals and the actual value of gas deliveries and withdrawals transmitted to the market operator for the assessment of derogations shall be laid down by law laying down the rules of the gas market (1).
Method for determining the amount of the compensation for unauthorised collection, delivery, transport, storage or distribution of gas
(1) In the case of unauthorised gas collection, the quantity of gas unduly collected shall be determined by the transmission system operator or distribution system operator on the basis of measured or otherwise established evidence of unauthorised gas collection data, up to a maximum of 36 months prior to the detection of unauthorised gas collection.
(2) In cases where the actual quantity of gas unduly collected pursuant to paragraph 1 cannot be determined, the transmission system operator or distribution system operator shall determine the quantity of gas unduly collected for the determination of the amount of compensation by calculation in accordance with paragraphs 3 to 8.
(3) The quantity of gas unduly collected shall be calculated according to the formula set out in Annex 2 to this Decree in the case of knowledge of the label inputs and the number of individual gas appliances installed at the place of unauthorised collection. In the case where the label input of the gas appliance is unknown, the manufacturer shall use the input input of the gas appliance.
(4) Where the quantity of gas taken without authorisation cannot be determined in accordance with the formula set out in Annex 2 to this Regulation and the place of collection is equipped with a measuring device, the quantity of gas taken without authorisation shall be calculated in accordance with the calculation set out in Annex 3 to this Regulation.
(5) In the event that the quantity of gas unduly collected cannot be determined in accordance with paragraph 3 or 4, and the place of unauthorised collection is equipped with a gas pressure regulator, the quantity of gas unduly collected shall be determined in accordance with paragraph 4, instead of the nominal hourly flow of the measuring device, the nominal hourly flow shall be replaced by the gas pressure regulator.
(6) In the event that it is not possible to comply with the previous paragraphs, the amount of gas unduly collected shall be determined on the basis of the internal diameter of the pipeline at the start of the gas sampling facility behind the main gas closure and the pressure values in that pipeline. The quantity of gas unduly collected shall be determined by analogy with paragraph 4. Instead of the nominal hourly flow rate of the measuring device, the maximum technically achievable hourly supply of gas by pipeline, calculated in accordance with the formula set out in Annex 4 to this Regulation, shall be installed for the calculation of the maximum technically achievable annual gas consumption. If it is not possible to determine the internal diameter of the pipeline at the start of the sampling gas installation, the internal diameter of the pipeline connection shall be replaced.
(7) Where the transmission system operator or distribution system operator does not identify the duration of the unauthorised gas collection, it shall be considered that the unauthorised gas collection has continued to take place:
(a) for type C and S measurements, all the time since the last deduction, if the deduction could be ascertained by unauthorised sampling, but not more than 36 months,
(b) in all other cases, since the last physical check of the location of the unauthorised collection by the distribution system operator but for a maximum period of 36 months.
(8) In the case of interference with a measuring device or, even in part, the gas is withdrawn from the part of the device through which the gas passes, the amount of gas unduly collected calculated in accordance with paragraphs 3 to 6 shall be deducted from the amount of gas measured by the transmission system operator or distribution system operator on the measuring device. In other cases of unauthorised gas collection, except for unauthorised gas collection, where the entire volume of unauthorised gas collection has been measured by a measuring device, the amount of gas measured by the transmission system operator or distribution system operator shall not be taken into account.
(9) The quantity of gas unduly collected, determined in accordance with paragraph 1 or calculated in accordance with paragraphs 3 to 6, shall be converted into energy units (kWh or MWh) using the GCV applied by the transmission system operator or distribution system operator in a comparable case of contracted procurement.
(10) The amount of compensation for the illegal collection of gas shall be determined by the evaluation of the quantity of gas wrongly collected, determined in accordance with paragraph 1, or calculated in accordance with paragraphs 3 to 6, and converted into energy units in accordance with paragraph 9, by the price components of the Energy Regulatory Authority's price decision effective at the time of the finding of the unauthorised collection of gas, the price of which is composed of:
(a) the average of the daily values of the short-term market index POTE published by the market operator under the legislation laying down the rules on the gas market (1) during the last 3 months preceding the month in which the unauthorised collection was detected; the price in EUR / MWh is converted into CZK / MWh at a daily EUR / CZK rate declared by the Czech National Bank on the current gas day D; if the daily course is not available, the value of the daily course shall be used at the nearest immediately preceding day D-n, when the value of the daily course was published,
b) additional costs, risk increases and reasonable profit of CZK 335 excluding value added tax / MWh,
c) a permanent monthly salary of CZK 224 excluding value added tax / collection place / month,
(d) gas distribution prices by category of customer and annual gas collection;
(e) prices for the transport of gas to the domestic zone (1), where they are separately determined, or customer demand points directly connected to the transmission system;
(f) prices for market operator clearing activities;
(g) value added tax and gas tax.
(11) The amount of compensation for unauthorised gas collection may also be determined by written agreement between the transmission system operator or distribution system operator and the customer or person who benefited from or participated in the unauthorised gas collection. The compensation provided for in this way may not exceed the compensation calculated in accordance with the preceding paragraphs.
(12) The provisions of paragraphs 1 to 10 shall apply mutatis mutandis to the determination of the amount of compensation for unauthorised supply of gas, unauthorised transport of gas or unauthorised distribution of gas.
(13) The compensation shall include the payment of the necessary costs to be demonstrated for the detection of unauthorised gas collection, the unauthorised supply of gas, the unauthorised transport of gas or the unauthorised distribution of gas, their interruption and checking of the measuring equipment and any expert opinion not included in the regulated gas transport or gas distribution prices.
Measurement of physical and chemical properties of gas and how to measure the quantity and quality of biomethane
(1) The transmission system operator is responsible for measuring the prescribed values of physical and chemical gas parameters at the input points to the transmission system and the output points from the transmission system. The measured values at transmission system exit points to the distribution system shall be transmitted by the transmission system operator in the form of a monthly protocol with a daily breakdown at each transmission point to the distribution system operators.
(2) In the case of a gas factory, the manufacturer shall be responsible for measuring the prescribed values of the physical and chemical parameters of the gas at the outlet point of the gas plant.
(3) In the case of a border transfer station between a distribution system and a foreign transmission system or a distribution system, the operator of the distribution system shall be responsible for measuring the required values of physical and chemical gas parameters at the entry into the distribution system.
(4) The distribution system operator shall be responsible for the correct determination of the gas GCV in each part of the distribution system on the basis of the values transmitted by the transmission system operator and gas producers.
(5) The physical and chemical parameters of the gas are measured in particular at node points of quality and at locations established by the transmission system operator and distribution system operator. The point of quality shall be:
(a) border transmission stations constituting a transfer point between a foreign gas system and a transmission system or distribution system; the physical and chemical parameters of the gas are always measured at the border transfer station in the minimum range
1. gas composition (for the calculation of GCV, density and Wobbe number),
2. the dew point of water and the dew point of higher hydrocarbons;
3. sulphur content and individual sulphur compounds,
4. oxygen content;
5. where appropriate, other components the exact specification of which is determined by the transmission or distribution system operator;
(b) the transfer point between the production gas and the transmission system or distribution system or the extraction pipeline of another gas production plant; the physical and chemical parameters of the gas shall always be measured at this point in the range at least as in (a); in the case of the connection of a biomethane production plant to another gas manufacturer's gas pipeline, the physical and chemical parameters of the biomethane produced in such a production plant shall correspond to the values set by the system operator to which the gas extraction pipeline is connected by another gas manufacturer;
(c) a transfer point between a gas storage unit and a transmission system or a distribution system or a foreign gas system; at this transfer point, the physical and chemical parameters of the gas are always measured in the minimum range
1. gas composition (for the calculation of GCV, density and Wobbe number),
2. the dew point of water and the dew point of higher hydrocarbons;
(d) a transfer point between the transport system and the distribution system, provided that it is a designated point of quality; at this transfer point, the physical and chemical parameters of the gas are always measured in the range of at least the composition of the gas (for the calculation of the GCV, density and Wobbe number).
(6) The prescribed values of the physical and chemical parameters of gas, the methods of measuring the quality parameters of biomethane and, in the case of biomethane produced from biomass, the frequency of their measurements according to biomass groups are given in Annex 5 to this Decree.
(1) The biomethane manufacturer shall submit before the start of the supply of biomethane from the new biomethane production plant or when the parameters of the biomethane production plant are changed to the relevant operator to which the biomethane plant is connected, the results of the measurements of the quality parameters of the biomethane or biogas from which the biomethane is produced, only in the case of one-time measurement parameters.
(2) The biomethane manufacturer shall ensure, no later than the 10th working day following the change in the biomass group used for the production of biomethane to the higher biomass group referred to in paragraph 6 of Annex 5 to this Regulation, that all required one-off measurements are carried out and the results are transmitted without delay to the competent operator.
(3) The biomethane manufacturer shall notify the competent operator in electronic form of the date of measurement of one-off measurements of quality parameters of biomethane, at least 5 calendar days before their implementation. The values of the single measurement quality parameters of biomethane shall be transmitted by the biomethane manufacturer to the competent operator no later than 10 calendar days after receipt of the measurement report.
(4) The holder of the licence to which the biomethane production facility is connected shall transmit to the competent operator, at least once per hour, the values of the continuous measurement and data on the quantity of biomethane delivered to the transmission system, distribution system or gas storage device or pipeline.
(5) Biomethane manufacturer ensures measurement of one-time quality parameters of biomethane.
Transitional provision
Compensation for unauthorised procurement, distribution, transport or supply of gas that took place before the entry into force of this Decree shall be assessed in accordance with existing legislation.
Repeal
Decree No 251 / 2001 Coll., laying down the Rules for the operation of transmission and distribution systems in gas, is hereby repealed.
Efficacy
This Decree shall take effect on 1 May 2011.
Minister:
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Regulation Information
| Citation | Decree No. 108 / 2011 Coll., on the measurement of gas and on the method of determining compensation for wrongful removal, unauthorised delivery, unauthorised storage, unauthorised transport or unauthorised distribution of gas |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.04.2011 |
|---|---|
| Effective from | 01.05.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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