EDP Solar System

1. Eligible customers within the meaning of Article 2(1) of the Act of 7 October 2022 on specific solutions for the protection of electricity customers in 2023 in connection with the situation in the electricity market (Journal of Laws, item 2127) in the event that they consume electricity in excess of the electricity consumption caps specified in Article 3(1), Article 4(2), Article 5(1), Article 6(1) and in consideration of Article 11 of that Act;

2. A micro, small or medium-sized enterprise within the meaning of Article 7(1)(1) to (3) of the Law of Entrepreneurs Act of 6 March 2018 (Journal of Laws of 2021, items 162 and 2105, and of 2022, items 24, 974, and 1570), to the extent that it consumes electricity for the purposes of its core business;

3. A customer other than the entity specified in point A that is a small or medium-sized enterprise within the meaning of Article 2(1) of Council Regulation (EU) 2022/1854 of 6 October 2022 on an emergency intervention to address high energy prices (OJ LI 261, 7.10.2022, p. 1), any agricultural producer being a natural person registered in the producer record referred to in the Act of 18 December 2003 on the national system for keeping records of producers, records of farms and records of applications for the award of payments (Journal of Laws of 2022, item 2001), or any natural person engaged in a special area of agricultural production within the meaning of Article 2(3) and (3a) of the Act of 26 July 1991 on personal income tax (Journal of Laws of 2021, item 1128, as amended4), to the extent that they consume electricity for the purposes of their business;

4. Regional and local administrative units or entities providing services to such units, including regional or local budget-funded enterprises, regional or local budget-funded entities and the companies referred to in Article 9(1) and Article 14(1) of the Act of 20 December 1996 on municipal services (Journal of Laws of 2021, item 679), to the extent that they consume electricity for the purposes of their delegated and independent activities, including services of general economic interest in the area of:

• roads, streets, bridges, squares, and traffic management;
• waterworks and water supply, sewerage systems, urban wastewater collection and treatment, cleaning, sanitation, landfills and municipal waste disposal, supply of electricity, heat, and gas;
• public transport;
• healthcare;
• social welfare, including care centres and nursing homes;
• supporting families and the foster care system;
• residential construction;
• public education;
• culture, including libraries and other cultural institutions and protection and care of monuments;
• public order and safety of citizens, as well as fire protection and flood defence, including furnishing and maintaining a flood emergency warehouse;
• maintaining public utilities and administration facilities;
• family policy, including provision of social, medical, and legal services to pregnant women;
• collaboration and action for the benefit of NGOs and the entities mentioned in Article 3(3) of the Act of 24 April 2003 on public
• benefit activity and volunteering (Journal of Laws of 2022, item 1327, 1265, and 1812);
• physical education within the meaning of Article 2(2) of the Act of 25 June 2010 on sports (Journal of Laws of 2022, item 1599);

5. entities that are:

• a provider of publicly funded healthcare services, to the extent that it consumes electricity for the purposes of providing these services;
• a social welfare establishment within the meaning of Article 6(5) of the Act of 12 March 2004 on social welfare (Journal of Laws of 2021, item 2268, as amended5), to the extent that it consumes electricity for the purposes of providing welfare services in a night shelter or warming centre;
• a night shelter or warming centre referred to in Article 48a(3)(4) of the Act of 12 March 2004 on social welfare, to the extent that they consume electricity for the purposes of their core activities;
• a family and foster care support establishment within the meaning of Article 2(3) of the Act of 9 June 2011 on family support and the foster care system (Journal of Laws of 2022, items 447, 1700, and 2140), to the extent that it consumes electricity for the purposes of its core activities;
• an education system entity referred to in Article 2 of the Education Law Act of 14 December 2016 (Journal of Laws of 2021, item 1082, as amended6), to the extent that it consumes electricity for the purposes of its core activities;
• a constituent entity of the higher education and science system within the meaning of Article 7(1)(1) to (7) of the Higher Education and Science Law Act of 20 July 2018 (Journal of Laws of 2022, item 574, as amended7), to the extent that it consumes electricity for the purposes of its core activities;
• a entity operating a crèche or a children’s club, as well as the day carer referred to in Article 2(1) of the Act of 4 February 2011 on care services for children up to 3 years of age (Journal of Laws of 2022, items 1324, 1383, and 2140), to the extent that it consumes electricity for the purposes of its core activities;
• a church or other religious community referred to in Article 2(1) of the Act of 17 May 1989 on guarantees of freedom of conscience and religion (Journal of Laws of 2022, items 1435 and 1700), to the extent that they consume electricity for the purposes of their non-commercial activities;
• an entity offering cultural activities within the meaning of Article 1(1) of the Act of 25 October 1991 on the organisation and offering of cultural activities (Journal of Laws of 2020, item 194), to the extent that it consumes electricity for the purposes of these activities;
• a centre referred to in Article 8(1) of the Act of 19 July 2019 on the provision of social services by a social services centre (Journal of Laws, item 1818), to the extent that it consumes electricity for the purposes of its core activities;
• a farmers’ wives’ association referred to in Article 2(1) of the Act of 9 November 2018 on farmers’ wives’ associations (Journal of Laws of 2021, item 2256), to the extent that it consumes electricity for the purposes of its activities;
• an entity carrying out the archiving activities referred to in Article 22 of the Act of 14 July 1983 on national archive resources and archives (Journal of Laws of 2020, item 164), to the extent that it consumes electricity for the purposes of these activities;
• a special support centre for family violence survivors as referred to in Article 6(4)(1) of the Act of 29 July 2005 on counteracting family violence (Journal of Laws of 2021, item 1249), to the extent that it consumes electricity for the purposes of its core activities;
• a cooperative society for disabled persons or a cooperative society for blind persons referred to in Article 181a § 1 of the Cooperatives Law Act of 16 September 1982 (Journal of Laws of 2021, item 648), to the extent that they consume electricity for the purposes of their core activities;
• a healthcare provider being a public blood establishment referred to in Article 4(3)(2) to (4) of the Act of 22 August 1997 on public blood service (Journal of Laws of 2021, item 1749, and of 2022, item 974), to the extent that it consumes electricity for the purposes of the activities arising from that Act;
• a voluntary fire-fighting service within the meaning of Article 1(1) of the Act of 17 December 2021 on voluntary fire-fighting services (Journal of Laws, item 2490, and of 2022, items 1301 and 1964), to the extent that it consumes electricity for the purposes of the activities specified in that Act;
• a provider of round-the-clock care for disabled persons, chronically ill patients or the elderly, as referred to in Articles 67 and 69 of the Act of 12 March 2004 on social welfare, to the extent that it consumes electricity for the purposes of its core activities;
• a family-run care home referred to in Article 52(2) of the Act of 12 March 2004 on social welfare, or sheltered housing referred to in Article 53 of that Act, to the extent that they consume electricity for the purposes of their core activities;
• a social inclusion centre referred to in Article 3 of the Act of 13 June 2003 on social employment (Journal of Laws of 2020, item 176, and of 2022, items 218 and 1812), to the extent that it consumes electricity for the purposes of its core activities;
• a social inclusion club referred to in Article 18 of the Act of 13 June 2003 on social employment, to the extent that it consumes electricity for the purposes of its core activities;
• an occupational therapy workshop within the meaning of Article 10a(1) of the Act of 27 August 1997 on occupational and social rehabilitation and employment of persons with disabilities (Journal of Laws of 2021, items 573 and 1981, and of 2022, items 558, 1700, and 1812) or a vocational development centre referred to in Article 29(1) of that Act, to the extent that they consume electricity for the purposes of their core activities;
• a non-governmental organisation within the meaning of Article 3(2) of the Act of 24 April 2003 on public benefit activity and volunteering, and the entities referred to in Article 3(3) of that Act, to the extent that they consume electricity for the purposes of public benefit activity;
• a social cooperative referred to in Article 2 of the Act of 27 April 2006 on social cooperatives (Journal of Laws of 2020, item 2085, and of 2022, items 1812 and 2140), to the extent that it consumes electricity for the purposes of its core activities;
• a trade union referred to in the Act of 23 May 1991 on trade unions (Journal of Laws of 2022, item 854), to the extent that it consumes electricity for the purposes of its core activities;
• an entity offering physical education activities within the meaning of Article 2(2) of the Act of 25 June 2010 on sports, to the extent that it consumes electricity for the purposes of its core activities;
• an animal shelter within the meaning of Article 4(25) of the Act of 21 August 1997 on the protection of animals (Journal of Laws of 2022, item 572), to the extent that it consumes electricity for the purposes of its core activities;
• an animal sanctuary within the meaning of Article 5(1e) of the Act of 16 April 2004 on nature conservation (Journal of Laws of 2022, items 916, 1726, and 2185), a botanic garden referred to in Article 5(10) of that Act, a zoological garden referred to in Article 5(11) of that Act, or an animal rehabilitation centre referred to in Article 5(13) of that Act, to the extent that they consume electricity for the purposes of their core activities;
• a district youth education centre, juvenile detention centre, or juvenile shelter referred to in Article 343 of the Act of 9 June 2022 on support for and rehabilitation of juvenile offenders (Journal of Laws, item 1700), to the extent that they consume electricity for the purposes of their core activities.

To use the price-cap mechanism, from the day of entry into force of the Act until 30 November this year, an eligible customer, with the exception of household customers, must submit a declaration of satisfying the criteria for an eligible customer to EDP Energia Polska.

The declaration to be submitted by eligible customers using a template published by the minister with responsibility for energy includes:

1) a declaration of satisfying the criteria for recognising the declarant as an eligible customer;
2) provision of data for the determination of the estimated share of electricity that will be used for:
a) the purposes of the entities or activities referred to in Article 2(2)(b) to (e) of the Act,
b) other purposes than those specified in Article 2(2)(b) to (e) of the Act;
3) determination of the estimated share of electricity that will be used for the purposes referred to in item 2 above;
4) number of the supply point (PPE);
5) date of the sales contract referred to in Article 5(2)(1) of the Energy Law Act, or the universal agreement referred to in Article 5(3) of that Act.

The declaration is submitted under penalty of perjury.

An eligible customer may file the declaration in the following format:

on paper:

• by mail, in an envelope with the annotation “Oświadczenie” to the mailing address: EDP Energia Polska sp. z o.o. Al. Jerozolimskie 98 00-807 Warszawa or, alternatively:
• by mail, in an envelope with the annotation “Oświadczenie” to the mailing address provided in the contract,

electronically:

• emailing a completed declaration signed with a qualified electronic signature or trusted signature from https://www.gov.pl/web/gov/podpisz-dokument-elektronicznie-wykorzystaj-podpis-zaufany to: EDPEnergiaPolska-Clients@edp.com

A scanned copy of a hand-signed declaration will not be accepted.

In accordance with the Act, the capped price is understood as an electricity price of PLN 785 per MWh, excluding VAT and excise duty (the Act, Chapter 1, Article 2(1)(b)).

Capped prices are applicable to bills in the period from 1 December 2022 to 31 December 2023. In accordance with the Act, for an eligible customer referred to in Article 2(2)(b) to (e) of the Act who submits the declaration, the capped price is also applicable to bills for the period from entering into the contract or effective date of the change or the date of price fixing to 30 November 2022, if that customer:

1) after 23 February 2022, signed the sales contract referred to in Article 5(2)(1) of the Energy Law Act or the universal agreement referred to in Article 5(3) of that Act with a seller; or
2) after 23 February 2022, amended the terms of the sales contract referred to in Article 5(2)(1) of the Energy Law Act or the universal agreement referred to in Article 5(3) of that Act with respect to the price of electricity, which had been concluded with the eligible customer before that date; or
3) had the sales contract referred to in Article 5(2)(1) of the Energy Law Act or the universal agreement referred to in Article 5(3) of that Act which envisaged that the price of electricity would be determined on the basis of the choice by the final customer of the date of purchase of electricity on a commodity exchange within the meaning of Article 2(1) of the Act of 26 October 2000 on commodity exchanges.

In such cases the seller, in respect of electricity deliveries made by the date preceding the day of entry into force of the Act, makes the settlements arising from the application of the capped price on a pro-rata basis, in monthly instalments, in the period until 31 December 2023.

The declaration must be submitted by 30 November 2022 in order for the seller to apply the capped price starting from 1 December 2022 or, in certain cases, also from 24 February 2022. If the eligible customer submits the declaration after 30 November 2022, the seller will be obliged to apply the capped price for that customer starting from the month following the month of submission.

If you have multiple contracts for different supply points (PPEs), you can submit a single declaration, but in that case you need to remember to specify the right contract date for each respective supply point number.

The Act is not relevant to ‘large enterprises’. The Act refers to the definition of an enterprise within the meaning of Article 7(1)(1) to (3) of the Law of Entrepreneurs Act of 6 March 2018 (Journal of Laws of 2021, items 162 and 2105, and of 2022, items 24, 974, and 1570).

No, you can’t. If you submit the declaration by email, you need to affix a qualified electronic signature or handwritten signature to it.

In order to benefit from the capped price settlements, you need to complete the web declaration very carefully, filling out all the required fields. Incorrect or incomplete declarations may be rejected.

The supply point number(s) are provided on the bills.

Provide an estimation of your expected electricity consumption in the period when the price cap will apply in kWh.

Providing your NIP will facilitate the review of your declaration, while your email and telephone number will allow us to reach you in case of any errors in the declaration.

Enter the date specified in the contract itself to show the year, month, and day on which the contract was concluded by the parties.
If the contract has been amended by annexes, enter the date of conclusion of the contract only.

If you have signed multiple contracts with EDP Energia Polska sp. z o.o. for different supply points (PPEs) that cover the period of capped prices, provide the date of the respective contracts you have signed with EDP Energia Polska next to each supply point number.

If you have signed multiple contracts for a single supply point (PPE) that cover the period of capped prices (e.g. as a result of expiration of a contract in that period and entering into a new contract), list that supply point in your declaration separately for each contract, entering the date of each respective contract in column 3.

If you are a small or medium-sized enterprise and you consume all electricity for the purpose of your core activities, you should enter the expected volume of electricity in kWh that you will use in the period of capped prices in the column ‘Electricity volume consumed’. In accordance with the Act, the capped prices apply to eligible customers until 31 December 2023.

If you consume all electricity for the purpose of your core activities, you should enter ‘100%’ in the column ‘Share of energy with capped price (%)’.