On 2nd November, the President signed The Act on the Emergency Measures to Limit Electricity Prices and Support Certain Consumers in 2023. This law introduces, among other things, maximum prices for the sale of electricity to certain groups of so-called eligible consumers who are most sensitive to a severe increase in electricity prices. Such recipients include, among others, micro-entrepreneurs and small and medium-sized entrepreneurs, households, local government units and a number of public utility units.
With regard to companies – the preferences will apply to micro, small or medium-sized entrepreneurs meeting the definition in the Entrepreneurs’ Law, consuming electricity for the needs of their basic activity. For them, the maximum energy price will be PLN 785 per MWh and will apply, as a rule, from 01.12.2022 to 31.12.2023.
Please note that the condition for taking advantage of the capped electricity price will be the submission of a declaration to the seller stating that the statutory conditions are met and indicating the estimated value of the energy consumed. Such a declaration can be submitted on paper or electronically, and the deadline for submission is already 30 November 2022 (submission of a declaration after this date postpones the possibility of applying preferential prices accordingly).
Energy sellers may be compensated for applying maximum prices to eligible customers. It is to be underlined that, at the same time, the entities producing electricity (if the capacity of the generating unit exceeds 1MW, including electricity from renewable sources) and electricity sellers will have to pay an additional fee (the so-called allowance for the Price Difference Payment Fund) every month and submit monthly reports confirming the correctness of settlements in this respect.
As a rule, the Act is to enter into force on the day following its publication in the Journal of Laws.
If you are interested in our support in determining the applicability of the above-mentioned preferences, we are at your disposal.
