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Heat energy

Conditions for the obtaining of an authorisation to perform business activities in the heat energy sectors

The conditions for the issuance of an authorisation to conduct business in the energy sector to a natural person are as follows:

  1. minimum 21 years of age at the time of the submission of application;
  2. full legal capacity;
  3. residence in the territory of the Slovak Republic; if the energy business operator is a foreign natural person, a document evidencing his/her permanent residence in the territory of a state which is a state party to the Agreement on the European Economic Area;
  4. integrity;
  5. professional competence to perform activities sought by the application, evidenced by the relevant attestation;
  6. a proof of having technical capacities required to perform activities for which the authorisation is sought;
  7. specification of an authorised representative if the natural person lacks the professional competence.

The conditions for the issuance of an authorisation to conduct business in the energy sectors to a legal person are as follows:

  1. the registered office, undertaking or organisational unit of the legal person must be established in the delineated territory; 
  2. professional competence to perform activities sought by the application, evidenced by the relevant attestation, and a completed tertiary education and professional experience of a statutory body member in the case of a legal person that applies for an authorisation to produce electricity from nuclear fuel;
  3. a proof of meeting technical requirements to perform activities for which the authorisation is sought; 
  4. specification of an authorised representative;
  5. integrity of a statutory representative or members of the statutory body;

The issuance of an authorisation to produce electricity from nuclear fuel is subject to approval by the Nuclear Regulatory Authority of the Slovak Republic.
The applicant is required to demonstrate to have the technical capacities required to perform activities for which the authorisation is sought; the foregoing does not apply to an applicant that has been awarded a certificate of compliance of investment plan with the long-term energy policy strategy and/or to an applicant who has applied for an authorisation to supply electricity or gas.

In addition to the aforementioned requirements, the applicant for  an electricity transmission authorisation is also required to demonstrate its technical capacities for system balancing within the delineated territory.  In the case of new distribution systems and networks, the applicant for an electricity distribution and/or gas distribution authorisation is also required, in addition to the aforementioned requirements, to produce a certificate of compliance of investment plan with the long-term energy policy strategy.
A person acquires full legal capacity upon attaining the legal age of majority. (The legal age of majority is 18. Prior to attaining this age, a person may attain the legal age of majority by marriage.)
A person of integrity is a person who has not been legally convicted of a crime whose statutory elements relate to the line of business in the energy sectors.

The applicant or its authorised representative demonstrates their professional competence by presenting an attestation of competence. Professional competence means that the person has demonstrated to have the required education and professional experience and passed the examinationThe education and professional experience requirement is deemed fulfilled if the natural person:

  1. has a secondary vocational education with specialisation in technology and seven years of professional experience in the energy sectors; or
  2. has a complete secondary vocational education with specialisation in technology or economics and six years of professional experience in the energy sectors; or
  3. has a complete secondary vocational education followed by post-secondary education with specialisation in technology or economics and five years of professional experience in the energy sectors; or
  4. has a bachelor’s degree (or equivalent) in technology, economics or natural sciences with specialisation in mathematics, physics or chemistry, and four years of professional experience in the energy sectors; or 
  5. has a master’s degree (or equivalent) in technology, economics or natural sciences with specialisation in mathematics, physics or chemistry, and three years of professional experience in the energy sectors.

The examination is held before an examination board set up by the Ministry of Economy of the Slovak Republic (hereinafter referred to as the “Ministry”). The examination consists of a written test and oral examination which are usually performed on the same day.
Technical capacities to perform activities for which the natural person or legal person seeks the authorisation to conduct business in the energy sectors, with the exception of electricity supply and gas supply services, are evidenced by an officially authenticated copy of a document proving that person’s title of ownership or title of lease to the technological part of a facility for production, transmission and distribution of electricity, or for production, transmission, distribution and storage of gas, or for transport of fuels or oil, or for the filling of pressure vessels, or for distribution of liquefied gaseous hydrocarbons, and must be marked on the map of the delineated territory, submitted in two copies.

Authorised representative means a natural person responsible for the professional conduct of the activity regulated by this act. Any person may only serve as an authorised representative for a single authorisation holder.A supervisory board member or a member of any other controlling body of the legal person cannot act as an authorised representative for that legal person.

Additional information on performing business activities in the heat energy sectors

Energy sectors include electric power industry, gas industry, transmission of fuels or oil through a pipeline system, filling of pressure vessels with liquefied gaseous hydrocarbons, distribution of liquefied gaseous hydrocarbons.

Business activities in the energy sectors include:

  1. production, transmission, distribution and supply of electricity;
  2. organisation of a short-term electricity market; 
  3. production, transmission, distribution, storage and supply of gas;
  4. operation of pipeline systems for transport of fuels or oil;
  5. operation of a pressure vessel filling facility;
  6. operation of a liquefied gaseous hydrocarbon distribution facility.

Business activities in the energy sectors do not include electricity production, electricity distribution, gas production and gas distribution solely for own consumption, and supply of electricity and supply of gas to other natural or legal persons at a purchase price without any additional increase; a unit price of such electricity or gas supply must be identical to the price indicated in a tax document issued in connection with the supply of electricity or supply of gas, unless it is considered a business activity. These persons are subject to a notification requirement with respect to the performance of an activity which is not considered a business activity in the energy sectors.

No authorisation is required for the following activities:

  1. production and supply of electricity by a production facility with the total installed capacity up to 1 MW;
  2. production and supply of electricity from renewable sources by a production facility with the total installed capacity up to 1 MW, where electricity is produced and supplied from
  3. small hydroelectric power plants;
  4. wind power plants;
  5. solar installations;
  6. installations using geothermal energy;
  7. biogas installations;
  8. biomass installations;
  9. production and supply of gas from biomass;
  10. production and supply of gas from biogas;
  11. sale of compressed natural gas as a fuel for motor vehicles;
  12. transport of extracted oil from the point of extraction to the point of processing;
  13. sale of liquefied gaseous hydrocarbons in pressure vessels with volume up to 100 litres;
  14. sale of liquefied gaseous hydrocarbon intended as a fuels for motor vehicles;
  15. transport of liquefied gaseous hydrocarbon in pressure vessels.

Persons performing activities for which no authorisation is required are subject to a notification requirement under which they are obliged to notify the Authority of the commencement, termination and any change in the performance of such activity within a 30-day period. The notification includes first name, surname and address of a natural person, or a business name, identification number, registered office and statutory body of a legal person, identification of the activity, date of its commencement, termination or change, and a description, address, acquisition costs and installed capacity of the facility used for the performance of such activities. The confirmation of meeting the notification requirement, issued by the Authority, serves as an evidence of the authorisation to conduct business. The confirmation is subject to no fee.

Fees for the issuance of an authorisation to conduct business in the energy sectors

Authorisation for a natural person or legal person to conduct business in the energy sectors:

1. for production of electricity

  1. from 1 to 5 MWe: €33
  2. from 5 to 50 MWe: €1659.50
  3. over 50 MWe: €2489.50

2.for production of gas

  1. up to 34 TJ/year: €331.50
  2. over 34 TJ/year: €1659.50

3. for distribution of electricity, distribution of gas, distribution of heat, or operation of a liquefied gaseous hydrocarbon distribution facility

  1. up to 50 off-take installations and points: €1659.50
  2. 50 to 100 off-take installations and points: €3319.50
  3. more than 100 off-take installations and points: € 6638.50

4. for transmission of electricity or transmission of gas: €16596.50
5. for storage of gas: €3319.50
6. for operation of fuel transport pipelines and for operation of oil pipelines: €6638.50
7. for operation of a pressure vessel filling facility: €331.50
8. for supply of electricity or supply of gas: €1659.50

The fee may be paid:

  1. in the form of tax stamps with the prescribed nominal value paid to the relevant administrative authority;
  2. in the form of a cash payment to the relevant administrative authority;
  3. by a postal cheque to the bank account of the relevant administrative authority; or
  4. by a wire transfer from a bank account.

Where relevant operations and proceedings are carried out on the basis of an application sent by electronic means and signed with an electronic signature, the fee is reduced to 50% of the amount of the fee prescribed in the schedule of fees (up to €70 at the most).
Note: Applicants may pay the administrative fee using any of the aforementioned methods, but any payments made by electronic means in the form of a wire transfer from a bank account are only deemed paid when debited from the applicant’s account. (A payment confirmation does not have to be annexed to an electronic application for authorisation.)

Application procedure for the obtaining of an authorisation to conduct business activities in the energy sectors

In order to obtain an authorisation to conduct business in the energy sectors, applicants must fill in an application for authorisation to conduct business and attach necessary annexes thereto:

Natural persons:

  1. a statement from the Trade License Register or other register in which the natural person is registered as a business operator (entrepreneur);
  2. a statement from the register of criminal records for the applicant or an authorised representative unless the applicant himself/herself is the authorised representative, or information necessary in order to apply for a statement from the register of criminal records through an SPC;
  3. an officially authenticated attestation of competence of the authorised representative;
  4. a map of the delineated territory with marked facilities to be used in performing the activity for which the authorisation is sought, with the exception of gas and electricity supply, two copies; 
  5. an officially authenticated copy of a document proving the ownership or lease title for each establishment;

Legal persons:

  1. a statement of incorporation in the Business Register or an officially authenticated copy of a document on the establishment of the legal person; 
  2. a statement from the register of criminal records for a statutory representative or statutory body members and the authorised representative, or information necessary in order to apply for a statement from the register of criminal records through an SPC; if the statutory representative or statutory body member or the authorised representative is a foreign natural person, a document or certificate equivalent to the statement from the register of criminal records; 
  3. an officially authenticated attestation of competence of the authorised representative;
  4. a map of the delineated territory with marked facilities to be used in performing the activities for which the authorisation is sought, two copies;
  5. an officially authenticated copy of a document proving the ownership title for each establishment.

Application forms

or applicant can send application form directly to the competent organ.

Electric form:

Electronic forms can be found at this link and press "Enter the portal". Information about electronic procedures can be found here.

 

Links

Related legislation:

  • Act No. 656/2004 Coll. on the energy sectors and on amendments to certain acts, as amended
  • Decree of the Regulatory Office for Network Industries No. 366/2009 Coll. laying down detailed requirements on demonstration of technical capacities for doing business in the energy sectors
  • Decree of the Ministry of Economy of the Slovak Republic No. 368/2009 Coll. laying down the scope of professional training and the knowledge required for an aptitude test for doing business in the energy sectors, details of the establishment and activities of examination committees, as well as the contents of an attestation of competence
  • Act No. 293/2007 Coll. on the recognition of professional qualifications as amended
  • Act No. 513/1991 Coll., the Commercial Code, as amended
  • Act No. 40/1964 Coll., the Civil Code, as amended

Competent organ:

Úrad pre reguláciu sieťových odvetví (Regulatory Office for Network Industries)

Bajkalská 27

P.O.BOX 12

820 07 Bratislava 27

Phone No.: +421-2-581 004 11

Fax: +421-2-581 004 79,74

E-mail: urso@urso.gov.sk

Web: www.urso.gov.sk