Overview of the latest sectoral legal news: laws, regulations and communications
1. The Law of 19 August 2011 on the amendments to the Energy Law and some other laws (Journal of Laws No 205, item 1208), the Law entered into force on the 31st day following its publication in the Journal of Laws (the publication date 29 September 2011).
2. The Regulation of the Ministry of the Economy of 18 August 2011 on detailed rules relating to the establishment and calculation of tariffs and settlements in electricity trading (so-called “The Tariffs Regulation”). The Regulation entered into force on the 15th day following its publication in the Journal of Laws No 189, item 1126 (the publication date 12 September 2011).
3. The Regulation of the Ministry of the Economy of 26 July 2011 on the manner of the calculation of data submitted in the application for the issuance of the cogeneration certificate and the detailed extent of the obligation to acquire and redeem these certificates, the collection of the substitution fee and the obligation relating to the approval of the data on the quantity of the electricity from high-efficiency cogeneration (hereinafter called as “Regulation”). The Regulation entered into force on 10 September 2011 (the publication date in the Journal of Laws No 176, item 1052 - 26 August 2011).
4. The Communication No 29/2011 of the President of the Energy Regulatory Authority (URE), available on the website of the URE www.ure.gov.pl, on the time-limits from which the basis for the discharge of the obligation to acquire and redeem the certificates of origin from cogeneration, laid down in Article 9l(1) point 1a of the Energy Law, or to pay the substitute fee, should be calculated.
The said Communication reminds that according to the paragraph 9(1) point 2 a of the Regulation the extent of the obligation to acquire and redeem certificates of origin from cogeneration, issued for the cogeneration unit laid down in the Article 9l(1) point 1a of the Energy Law or to pay the substitute fee, was determined in 2011 at the level of 0,4 %.
Let’s add that the said Article 9l(1) point 1a of the Energy Law relates to the certificates of origin for the electricity produced in high-efficiency cogeneration in cogeneration unit fired with methane discharged and captured during the underground works in active, undergoing decommission or decommissioned hard coal mines or fired with gas produced from the decomposition of biomass in the meaning of Article 2(1) point 2 of the Law on biocomponents and liquid fuels.
The Communication refers, furthermore, to the paragraph 11 of the Regulation, according to which for the establishing of the extent of the said obligation the energy bought or sold before the entry into force of the Regulation should be not accounted for.
In the communication No 29/2011 the President of URE informed, among others, that:
a) the basis for the calculation of the extent of the discharge of the obligation to acquire and redeem the certificates of origin from cogeneration (the violet certificates), laid down in Article 9a(8) of the Energy Law, constitutes the electricity supplied by the energy undertakings to final customers and electricity bought by final customers being the members of the commodity exchange or bought by the investment firms acting on the account of final customers in transactions executed on the commodity exchange as from 10 September 2011;
b) due to the absence of the specific provision on the matter and, hence, potential lack of the verification of the balance of the meters as of the date 10 September 2011, the volume of the electricity sold to the final customers during the Regulation being in force, shall be established on the ground of indirect methods (in relation to the volumes of electricity sold to final customers in the period from 10 September 2011 till 30 September 2011).