News

Entrepreneur, last moments to make a statement if you haven’t already done so?

On 4 November 2022, the Law on Emergency Measures to Reduce Electricity Prices and Support Certain Consumers in 2023 came into force.

Most of the amendments to the draft proposed by the Senate were rejected by the Sejm, including in particular the issue of lowering the ceiling of the maximum electricity prices – they remained at the level of the original draft, i.e. after exceeding the limit (2 MWh per year) they will amount to 693 PLN/MWh for households and 785 PLN/MWh for other eligible consumers, which include:

– micro, small and medium-sized entrepreneurs within the meaning of the Entrepreneurs Act, to the extent that they consume electricity for the purposes of their core business;

– other eligible recipients, mainly public utilities, including: schools, kindergartens, crèches and universities, hospitals, clinics, social assistance centres, churches and other religious associations.

In the case of entities for which a maximum price of PLN 785/MWh is stipulated, in order to benefit from the solutions provided by the Act, a declaration must be submitted to the energy seller, according to a model provided by the Minister responsible for energy, in writing in paper or electronic form by 30 November 2022.

There is no such restriction for households; they fall under the benefit of the Act “by default”.

In view of the ever-present price tag and the spectre of bankruptcy reaching so many entrepreneurs, the solutions provided by the Act should be welcomed. Admittedly, the costs resulting from its implementation will reach almost PLN 20 billion, but it will probably help many households and entrepreneurs to survive hard times.

The law was passed by the Sejm almost unanimously (voting results at the third reading of the bill – 414 votes in favour, 1 against, 26 abstentions), which is definitely rare.

It is good to know that, in the face of the crisis, our parliamentarians are prepared to abandon political games and (for a change) act solely in the interests of society and Polish entrepreneurs.

Authors

Robert Mróz

Attorney at Law

Robert Mróz

Maksymilian Marciniak

Trainee Attorney at Law

Maksymilian Marciniak