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Thermal energetics

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

In order to obtain an authorisation to conduct business in the heat sector, issued by the Regulatory Office for Network Industries (hereinafter referred to as the “Office”), a natural person must meet the following conditions:

  1. full legal capacity;
  2. integrity;
  3. professional competence.

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 natural person is considered a person of integrity if he/she has not been legally convicted of a crime of economic nature, a crime against property or other crime whose statutory elements relate to his/her scope of business under this act, or if such a person is treated as if he/she has not been convicted.
Professional competence means that the person has demonstrated to have the required education and professional experience and passed the examination. The 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 heat generation and distribution; or
  2. has a complete secondary vocational education with specialisation in technology or economics and six years of professional experience in heat generation and distribution; 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 heat generation and distribution; or
  4. has a bachelor’s degree (or equivalent) in technology or economics and four years of professional experience in heat generation and distribution; or
  5. has a master’s degree (or equivalent) in technology or economics and three years of professional experience in heat generation and distribution.

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”).
Legal persons are also entitled to conduct business in the heat sector. The aforementioned requirements apply accordingly to its statutory body or authorised representative. The authorised representative must have an employment contract or equivalent contract concluded with the applicant or authorisation holder, which specifies the authorised representative’s personal liability for the professional conduct of the regulated activity towards the applicant or authorisation holder.   Any person may only serve as an authorised representative for a single natural or legal person. 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 conducting business activities in the heat sector

The line of business in the heat sector covers heat generation, heat generation and distribution or heat distribution. The line of business in the heat sector does not cover heat generation, heat generation and distribution or heat distribution for own consumption; heat generation, heat generation and distribution or heat distribution performed by legal persons established pursuant to a separate regulation.
Heat generation means: physical and chemical processes occurring in heat generation facilities which produce heat for the purposes of its sale for heating or preparation of hot service water, or for other uses in the heat sector.
Heat distribution means: distribution of heat (transfer of heat through a public distribution system to customers) and supply of heat (sale of heat for heating, sale of heat for the preparation of hot service water, sale of heat in hot service water or sale of heat for other use) to customers.
Heat means: heat in hot service water used for the preparation of hot service water at the place of its preparation.

Fees for the issuance of an authorisation to conduct business in the heat sector

Authorisation for a natural person or legal person for heat generation:

  1. up to 5 MWt: €331.50
  2. more than 5 MWt: €1659.50

Authorisation for a natural person or legal person for heat distribution:

  1. up to 50 off-take installations and points: €1659.50
  2. 50 to 100 off-take installations and points: €3319
  3. more than 100 off-take installations and points: € 6638.50

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 heat sector

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

Natural person:

  1. a document evidencing permanent residence or residence in the territory of the Slovak Republic; if the applicant 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;
  2. a statement from the Trade License Register or other register in which the natural person is registered as a business operator (entrepreneur);
  3. a statement from the register of criminal records for the applicant and 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;
  4. attestation of competence of the natural person or his/her authorised representative;
  5. a binding opinion of a municipality on the compliance of the requested scope and place of business with a municipal development policy on thermal energy if the municipal development policy is part of the binding section of the municipal zoning documentation;
  6. a proposal for delineated territory;
  7. in the case of existing heat installations, a document evidencing ownership or equivalent legal title to the set of heat installations which he/she intends to use for business purposes;
  8. in the case of planned heat installations, a certificate of compliance of the planned construction of the set of heat installations or its part, or a binding opinion of a municipality on the construction of the set of heat installation or its part.

Legal person:

  1. a statement of incorporation in a Business Register dating back not more than three months; if the legal person is not a business entity, a certificate of registration in a statistical register;
  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. a document evidencing the recognition of professional qualifications pursuant to a separate regulation; if the statutory representative or statutory body member or the authorised representative is a foreign person, and a statement of incorporation of its organisational unit established in the territory of the Slovak Republic, if the applicant is a foreign person;
  4. attestation of competence of the authorised representative;
  5. a binding opinion of a municipality on the compliance of the requested scope and place of business with a municipal development policy on thermal energy if the municipal development policy is part of the binding section of the municipal zoning documentation;
  6. a map of the delineated territory with marked heat generation and distribution facilities, two copies;
  7. in the case of existing heat installations, a document evidencing ownership or equivalent legal title to the set of heat installations which he/she intends to use for business purposes,
  8. in the case of planned heat installations, a certificate of compliance of the planned construction of the set of heat installations or its part, or a binding opinion of a municipality on the construction of the set of heat installation or its part.

Application forms

or applicant can send the form directly to the competent organ. The template for paper application is set in Decree of the Office No. 212/2005 Coll.

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. 657/2004 Coll. on the heat sector as amended
  • Decree of the Regulatory Office for Network Industries No. 212/2005 Coll., laying down a sample authorisation application form
  • 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: TA.1FI.FALH@FALH@
Website: www.urso.gov.sk

 

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