Energy Weekly Publications #25 Reporting obligations of industrial energy users for 2022

INDUSTRUAL ENERGY USERS
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26 June 2023

Until 31 August 2023, industrial energy users who have made the relevant declarations on the calculation of the electricity consumption factor in the previous year and have been included in the list of industrial energy users maintained by the President of the ERO are obliged to fulfil their reporting obligation.

An industrial energy user is a final consumer whose prevailing economic activity is an activity designated by the PKD codes listed in the RES Act, for which the value of the electricity consumption intensity factor is no less than 3%.

The electricity consumption intensity factor, on the other hand, is understood as the ratio of the cost of electricity consumed for own needs to the gross added value, calculated as an arithmetic average of the last three years preceding the year of fulfilment of the obligation.

The obligation to submit declarations refers to the previous calendar year in which a particular consumer was included in the list of industrial energy users maintained by the President of the ERO. The purpose of submitting the information is both to confirm the status of an industrial energy user, which affects the maintenance of the entry in the register, as well as to obtain a reduction in RES support costs in relation to the costs of purchased electricity in the previous year.

As part of the obligation imposed on industrial energy users, it is mandatory to submit a declaration and information on, inter alia, the amount of electricity purchased for their own use in the year of fulfilment of the obligation to redeem certificates of origin or fulfilment of the obligation to redeem certificates of origin or pay the substitute fee.

If the reporting obligation is not fulfilled correctly, fines may be imposed on industrial energy users. In addition, this may involve the inability to obtain reductions for the coming years, as well as the repayment of public aid received to date.

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CONTACT

Marek Grzywacz, Ph.D., Counsel
marek.grzywacz@ngllegal.com