264 deputies voted for the lifting of the obligation, 34 were against, 134 abstained.
The project assuming the abolition of the so-called The power exchange obligation, i.e. the obligation to sell produced electricity on the Polish Power Exchange, appeared on September 28. A day later it was already passed by the Seym. Interestingly, it was Law and Justice in 2019 that introduced regulations that forced energy producers to sell 100 percent. electricity on the TGE. Previously, the obligation was 30 percent. (until 2017 it was 15%).
Government project to abolish the obligation
The draft submitted to the Sejm, which the government adopted by circulation on September 28, primarily concerns coal and gas-based electricity producers. As a result, electricity suppliers will not have to buy energy on the exchangedirect contracts will be possible.
The justification of the draft amendment indicates that after the exchange obligation is lifted, commercial transactions can still be concluded on commodity exchanges, while each market participant will decide whether to use this form of trading independently, in line with their own market strategy.
With regard to the risk of an increase in electricity prices after the liquidation of the exchange obligation, it was indicated that the exchange price of electricity is generally determined as the marginal price, ie the highest of the accepted price offers.
“This means that among the electricity sales offers there are offers with a lower price. This creates the potential to sell electricity at individual prices below the marginal price, for example as part of the implementation of long-term market strategies, while maintaining competitive pressure to rationalize the magnitude of the market margin, an increase of which would increase electricity prices.“- indicates the government in the explanatory memorandum to the bill.
The draft also tightens penalties for the use of unlawful practices by energy companies, such as on market manipulation.