May 15 this year on the website of the Government Legislation Center a draft Regulation of the Minister of Climate has been published regarding the registration, balancing and sharing of measurement data and settlements of energy cooperatives. The draft was sent for public consultations, which will last until May 29 this year.

According to the justification, the draft regulation is the implementation of a statutory authorization in art. 38c paragraph 14 of the Act of 20 February 2015 on renewable energy sources, which imposes on the minister responsible for climate matters obligation to specify:

  • The detailed scope and method of recording measurement data and balancing the amount of energy;
  • A detailed method of making settlements, including prices and fees in individual tariff groups applied to the energy cooperative and its individual members;
  • The detailed scope and method of sharing measurement data between energy enterprises and between energy enterprises and the energy cooperative;
  • The detailed subjective scope of the energy cooperative.

In accordance with the guidelines contained in the authorization, when determining the abovementioned elements, the need to harmonize the method of settlements and protection of the interests of energy cooperatives, as well as the security and reliable operation of the power system were taken into account.

The ordinance is aimed at detailing the applicable statutory provisions, eliminating interpretative doubts, and thus divergence in their application, as well as a list of situations that have proved to be problematic in practice. In addition, the regulation carries out a statutory delegation in the field of sharing and transferring measurement data in order to ensure the transparency of the entire service process for both the energy cooperative which is an electricity producer or recipient and all energy producers and consumers that are members of a given energy cooperative.

Draft ordinance of the Minister of Climate on registering, balancing and sharing measurement data and settlements of energy cooperatives