The Energy Ministry has introduced a proposal to amend the Energy Law, aiming to increase the minimum licensing fees for energy companies by five times. This move seeks to tighten the regulations and prevent large enterprises from evading their payment obligations.
The ministry released the project details on Thursday as part of the government’s work agenda. Currently, the pre-licensing and licensing fees are not subject to indexation, resulting in a gradual decrease in their real value. The minimum pre-licensing and licensing fees will rise from 1,000 PLN to 5,000 PLN.
Higher Fees for Energy Companies: Indexation and Removal of Upper Limits
The proposed changes also include an annual indexation mechanism based on the average annual consumer price index published by the Central Statistical Office.
Furthermore, the amendment eliminates the upper limit on licensing fees. According to the proposal, this adjustment will align fee payments with the revenue generated by the highest-earning companies, promoting fair treatment and competitiveness among businesses.
Tighter Licensing Fees for Renewable Energy Installations and Ban on Evasion through Shell Companies
The intended changes aim to reinforce the licensing fee system within the renewable energy sector. Companies generating electricity from renewable energy installations will be exempt from both pre-licensing and licensing fees if their total installed capacity does not exceed 5 MW.
The Energy Ministry explains that this change allows businesses with multiple installations, each with a capacity below 5 MW, to be subject to fees if their total capacity surpasses this threshold.
The new regulations are designed to eliminate artificial divisions used by companies to avoid fees. Firms will not be able to evade payments by establishing shell companies that fall within the 5 MW limit.
The proposal also introduces coefficients and procedural solutions regarding fee payments. The President of the Energy Regulatory Office has suggested a tenfold increase in the coefficients used for calculating pre-licensing and licensing fees compared to those defined in the 2021 regulation on licensing fees.
