As promised, we are providing you with up-to-date information on the discussion of the amendment to Act No. 458/2000 Coll., on the conditions of business and the exercise of state administration in the energy sectors and on amendments to certain acts (Energy Act) known as LEX RES III.*

LEX RES III passed the third reading in the lower house of parliament yesterday (11th December 2024). It was decided that:

1. the 2009-2010 obligation of individual “self-review” of the yield control for PV plants with over 30 kWp is to be retained, but
2. a reduction in the maximum internal rate of return was rejected.

The proposal to lose eligibility for operating aid in times of negative price development, which would have meant losses of up to 50% of turnover for the solar sector, was withdrawn before the vote.

LEX RES III, as we have also informed you in the past, introduces key points for the development of RES into the Czech legal system – accumulation and flexibility. In addition, it raises the threshold for obtaining a licence and building permit from 50 to 100 kWp.

MEPs also approved a proposal that shortens the depreciation period for new solar power plant projects from the current 20 years, or an amendment that allows the construction of agrovoltaic power plants and battery storage facilities without the need to withdraw from the agricultural land fund.

We continue to monitor the legislative process and will of course keep you informed of the results of the discussion of LEX RES III as it was approved in the third reading today in the Chamber of Deputies in the Senate, and we will provide you with detailed information on its content following the approval of the bill by the Senate.

*We informed you about the changes on November, 8th in this bpv newsletter.

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This material is for general information on current topics only, it is not advice. It does not take into account any special circumstances, financial situations or special requirements of the addressees. Recipients should therefore always seek appropriate professional services for the information provided. Notwithstanding the careful compilation of this material, bpv Braun Partners, its partners, associates or co-operating solicitors and tax advisers cannot guarantee the accuracy or completeness of the information contained herein and accepts no responsibility for acting or refraining from acting on the basis of the information contained in this material.