Electricity price freeze. There are more companies lagging behind than previously thought.

Micro, small, and medium-sized enterprises (SMEs) benefiting from lower energy prices in the second half of 2024 had until the end of June to settle last year's support, which provided them with lower electricity prices. Although the deadline for settling the aid in the form of lower energy prices was already extended once, not all companies complied with this obligation. The largest energy suppliers, such as PGE, Enea, Tauron, and Energa, reported that an average of approximately 90% of companies had complied with this obligation. However, we have the latest data, provided to our editorial team by the Ministry of State Assets. Based on data from companies, it was estimated several days ago that there could be several thousand such companies that have not met this obligation. However, as it turns out, the scale of the problem is much larger.

Freezing energy prices as public aid

As a reminder, the 2024 Energy Price Freeze Act defined support for entrepreneurs as de minimis aid or public aid. They could pay a maximum rate of PLN 693 per MWh for energy prices, which was below the then-current market price. However, they had to provide their energy supplier with appropriate information confirming their eligibility for this aid. This deadline originally expired at the end of February. After alarmingly low data, reaching a maximum of 40% of submitted information, the Ministry of Climate prepared an amendment to the Price Freeze Act, extending the deadline by another four months. The number of submitted information at the end of June had significantly improved, reaching approximately 90% for each large supplier we requested. However, approximately 10% of companies still failed to submit a declaration. Our conversations with energy suppliers indicate that small and medium-sized businesses were often unaware they were eligible for such public aid and refrained from submitting such declarations, reassured by media reports about the energy price freeze. However, sellers – as they assure us – tried to use all channels to reach their customers (by letter, email, telephone).

The Ministry of Climate no longer plans to extend this deadline. It reminds that there was ample time to submit the necessary declarations. "Over the past few months, electricity suppliers have been conducting informational activities, using various communication channels, to reach entrepreneurs with information about the obligation to submit the document," the ministry states.

Companies that failed to submit the relevant information will be required to have their electricity suppliers correct their settlements for the second half of 2024. This means that if they fail to submit information about the aid, they will be required to refund the difference between the maximum price of PLN 693/MWh and the price specified in the electricity sales agreement or comprehensive agreement. Statutory interest from the settlement date will also be added to this amount. Suppliers tell us that the scale of the refund varies on a case-by-case basis and can range from several hundred to tens of thousands of zlotys. The amount of the aid depends on the company's size and energy consumption.