The Senate committee proposes its own version of the rules for prosumers

The Commission proposes, inter alia, 1: 1 settlements with the seller, but the terms and periods of billing would be agreed in the contracts

The Senate’s extraordinary climate committee presented its own draft amendment to the Act on RES and Energy Law concerning prosumers. The Commission proposes, inter alia, 1: 1 settlements with the seller, but the terms and periods of billing would be agreed in the contracts. Prosumers are to pay variable network fees for the consumed energy and conclude comprehensive and variable contracts.

The Senate project provides primarily for the introduction of the following definitions: electroprosumer, collective electroprosumer and virtual electroprosumer.

Definitions:

  • Renewable energy electroprosumer is a recipient producing electricity exclusively from renewable energy sources for their own needs in a micro-installation, micro-installation equipped with an energy storage or an installation that stores energy and returns energy at any time. Energy production cannot be the subject of predominant economic activity;
  • Collective electro-consumer of renewable energy generates energy in a micro or small RES installation connected to one distribution network via the internal electrical installation of a multi-unit building or a group of such buildings;
  • The virtual renewable energy consumer generates energy in a micro or small RES installation, regardless of location, in a renewable energy source installation connected to one or more distribution networks in a place other than the place or places of supplying electricity to this recipient, which is not connected to distribution network via the internal electrical installation of a multi-unit building;
  • There is also a definition of a sales aggregator that concludes a contract, entitling it to represent electro-consumers, in particular in relations with the seller and DSO.

It is assumed that the electro-consumer will pay variable grid charges on the energy consumed from the grid, and therefore will be able to conclude both comprehensive and segregated contracts. The rates of distribution services for electro-consumers and collective electro-consumers whose installation has an energy storage are reduced by 30% compared to the rates approved by the President of the ERO in the relevant DSO tariff. Electricity distribution system operators are obliged to immediately conclude an agreement for the provision of distribution services or amend the concluded agreements within 21 days from the date of submitting the relevant application.

System operation principles:

  • A seller serving all types of electro-consumerists settles the amount of electricity introduced to the power grid in the quantity ratio of 1 to 1 against the amount of electricity taken from this grid in order to use it for its own needs;
  • The electro-consumers and the seller set the rules for the settlement of the energy fed into the grid in the sales contract or the comprehensive contract;
  • Electro-consumers have the right to assign the connection power of the installation up to 100 kW to one place of energy supply or consumption;
  • The periods and rules of settlements are contractually agreed;
  • The electric consumer and the seller may also establish other rules for the settlement of energy fed into the grid, including financial settlement.

The draft also assumes that the consumed energy subject to settlement does not constitute the sale of electricity to the end user or consumption by the end user within the meaning of the Excise Duty Act.

The energy consumed, billed or stored, is not subject to the RES fee, and is not subject to the obligations under the Energy Efficiency Act.

Remuneration or other performance agreed by contract with the seller as part of the settlement of uncollected electricity fed into the grid does not constitute income within the meaning of the PIT Act, and the settlement of this energy is not a provision of services or a sale within the meaning of the VAT Act. Unclaimed energy does not constitute income within the meaning of the CIT Act.

The drafters propose that the act enter into force on July 1, 2022, which is to ensure the appropriate length vacatio legis.

About Alex Marcell

He likes dogs, pizza and popcorn. Already a fanboy of Nintendo and Sony, but today throws anything. He has collaborated on sites and magazines such as GameBlast, Nintendo World, Hero and Portal Pop, but today is dedicated exclusively to Spark Chronicles.

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