On 29 January 2025, we informed you about further developments in the legislative process of adopting the amendment to the Energy Act, which is commonly known as “Lex RES III“. One of the main objectives of the amendment in question is to respond to current European trends in the energy sector, which include, for example, the introduction of legislation related to energy storage, flexibility aggregation, energy sharing and further increase in support for renewable energy production.

Lex RES III was a target of several amendments, one of which introduced an individual internal rate of return threshold and a reporting obligation for PV plants built in 2009-2010 with a capacity of more than 30 kWp.

However, this proposal did not pass the Senate and was deleted from the “Lex RES III”. In this form, the Lex RES III was returned to the Chamber of Deputies for a second vote, which occurred on 4 March 2025. However, during the vote, the Senate’s proposal to delete the obligation of individual self-assessment of adequacy for PV plants with the above-mentioned parameters was outvoted.

Currently, the obligation of (individual) yield reporting will become part of the Energy Act after the draft amendment to the Energy Act Lex RES III is signed by the President of the Czech Republic. However, the Minister of Industry and Trade, Lukáš Vlček, announced during a debate in the Chamber of Deputies that he wants to increase the threshold for individual self-evaluation of adequacy from the current 30 kWp to 145 kWp in the next amendment to the Energy Act known as “Lex Gas”.

We will keep you informed about whether this change in „Lex Gas” will take place, as well as about the further progress of the adoption of “Lex Gas”.

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