Yesterday, i.e. on January 26, 2023, the Sejm passed an urgent government draft act amending the act on special solutions regarding certain heat sources in connection with the situation on the fuel market and certain other acts (Sejm print no. 2973).
In art. 10 of this Act provides for amendments to the Act of 27 October 2022 on emergency measures aimed at limiting electricity prices and support for certain consumers in 2023, concerning, inter alia, the definition of an electricity sales contract and the method of calculating the market price, according to which it should take into account all additional cash settlements resulting from the provisions of concluded contracts for the sale of electricity or other contracts in which additional cash settlements depend on the amount or value of electricity sold.
At the same time, in accordance with the Act, the market price is determined under the contract related to the sale of electricity, including in particular financial instruments within the meaning of the Act of 29 July 2005 on trading in financial instruments (Journal of Laws of 2022, item 1500, 1488, 1933 and 2185), or guarantees of origin within the meaning of the Act of 20 February 2015 on renewable energy sources (Journal of Laws of 2022, items 1378 and 1383), hereinafter referred to as the “Renewable Energy Sources Act”, in which additional cash settlements depend on the amount or value of electricity sold;
Significant changes concern the Act on emergency measures in the scope of:
article 2 point 6 (definition of electricity sales contract),
article 2 point 8 (definition of market price),
article 23 sec. 2c (method of calculating the volume-weighted average market price).
The act is to be processed in the Senate at the next meeting on January 31, 2023.