Appeal of SEO, PWEA and Konfederacja Lewiatan regarding the write-off for the Fund

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The Renewable Energy Association, the Polish Wind Energy Association and the Lewiatan Confederation sent a common position to the representatives of the government administration regarding the changes contained in the Sejm paper No. 3237 (amendment to the Energy Law Act) to the Act of October 27, 2022 on emergency measures aimed at limiting the amount of electricity prices and support for certain consumers in 2023.

As part of the second reading of the draft amendment in the Sejm, amendments were submitted, which were partly approved by the Sejm Committee for Energy, Climate and State Assets (report of the committee meeting). None of the discussed amendments concerned changes in the contribution to the Fund.

The changes to Art. 23 of the Act on emergency measures, make it necessary for producers to transfer 97% of the sum of revenues from the sale of guarantees of origin, regardless of whether the market price obtained by a given producer exceeds the price limit specified on the basis of the Regulation of the Council of Ministers of November 8, 2022 on the method of calculating the price limit.

The above, in the opinion of the organizations mentioned at the outset, will result in a drastic reduction in the supply of guarantees of origin on the domestic market and the unavailability of these documents for energy consumers. The effects of the discussed changes will therefore be severe for all enterprises reporting reduction of the negative impact of their operations on the environment.

Considering the above and the fact that both the availability of guarantees of origin and the dissemination of cPPAs determine the level of competitiveness of the Polish economy and the domestic renewable energy sector, we have requested that work on changes to the contribution to the Fund be suspended in the proposed form and development of regulatory solutions in this regard, with the participation of representatives of the sector, including in particular energy producers and consumers.

Full text of the position