On Thursday, the Sejm approved several of the Senate’s amendments to the 2023 law protecting certain consumers of gaseous fuels, emphasizing support for small and medium-sized enterprises, including bakeries.
During its Thursday session, the Senate passed 50 amendments to the 2023 Special Protection of Certain Gas Consumers Act in response to developments in the gas market. The changes introduce structuring and clarifications aimed at accurately calculating the gas contribution to the Fund for the Payment of the Price Difference by natural gas extraction companies, and at ensuring efficient settlements for the provision of gas fuel distribution services at regulated, frozen rates.
Most members expressed positive feedback, though several changes drew criticism, including those concerning aid for small and medium-sized businesses, such as bakeries.
The Senate sought to broaden the law’s beneficiaries to cover SMEs under its protections. The Minister of Climate and Environment, Anna Moscow, noted that such aid requires approval from the European Commission, and that the government is actively pursuing that approval.
In the Sejm vote, MPs supported the Senate amendment that would tie the 2023 gas prices for settlements with the most vulnerable customers to the 2022 levels. Conversely, they rejected the Senate’s proposal to remove the income threshold connected with VAT refunds for households using gaseous fuels.
Lawmakers also supported allowing VAT refund applications to be submitted via a mobile app or other electronic means, which is intended to streamline the filing process for households seeking refunds.
Further supported amendments included the exemption of VAT refunds from enforcement and the creation of a tax exemption for refunds equal to the VAT amount, alongside amendments to the Personal Income Tax Act enacted on 26 July 1991.
The Sejm approved changes to the January 11, 2018 law on electromobility and alternative fuels, incorporating the concepts of low-emission hydrogen, electrolytic hydrogen, and renewable hydrogen. These are tied to strategies aimed at supporting the production and marketing of hydrogen with that origin.
According to the amendment’s justification, the goal is to back the use of low-emission, electrolytic, and renewable hydrogen in transport by setting targets for the number of hydrogen stations that exclusively offer electrolytic and renewable hydrogen and by increasing the share of such fuels in the transport energy mix, as part of broader national policies to develop alternative fuels infrastructure.
The law continues to shield consumers of gaseous fuels in 2023 and introduces a financial mechanism for energy companies. The regulation serves to protect natural gas users in Poland from potential consequences of the gas crisis by stabilizing prices and access to essential services.
The primary objective remains to freeze the gas price in 2023 at the 2022 level, with gas suppliers required to apply a maximum price of PLN 200.17 per MWh when settling with end users. Distribution costs are also fixed, extending protections to individual recipients and sensitive groups such as schools, hospitals, churches, and kindergartens.
Additionally, the law introduces a “gas surcharge” concept, a VAT refund for households that rely on gas stoves as their main heating source and are registered or reported in the Central Register of Buildings Emissions. The refund, however, depends on the household’s assets and is capped at PLN 2,100 for a single-person household or PLN 1,500 per person in multi-person households. Local governments must process the refunds, and requests may be submitted within 30 days of receiving the gas invoice, including electronically. The Ministry of Climate and Environment estimated the refund would apply to roughly 300,000 people.
A mechanism to limit gas-related revenues for energy companies was introduced by channeling certain profits toward funding compensation for individual customers, echoing a similar approach used in the current regulatory framework.
Furthermore, the law provides a compensation mechanism for sellers of gaseous fuels to offset the impact of the new maximum price on end customers subject to tariffs. It also creates a compensation mechanism for operators of the gas distribution system.
olk/PAP
Source: wPolityce