The year 2025 is full of amendments to energy law—some changes are coming into force as a result of already adopted regulations, while others are still being drafted, but it is already clear that they will affect the rules for executing electricity sales contracts. Here is a brief summary of the most important issues to keep in mind when negotiating such a contract or creating a template for it 👇
- New definitions include CSIRE, OIRE, reserve electricity seller, dynamic electricity price contract, and electricity storage. Although some of these concepts have already become established in energy law, it is only in the coming months that the first real cases may arise where the inclusion of these definitions in a contract may prove useful, and sometimes even necessary. In this regard, it is worth reviewing your business needs and goals, including in the long term.
- CSIRE implementation – it is almost certain that the implementation of the Central Energy Market Information System will be extended until October 18, 2026, with the amendment awaiting only the President’s signature. However, from the perspective of the end user, the producer, and the trading company, it is worth considering that the DSO relevant to the contract may join CSIRE sooner, which will result in quite significant changes in data circulation. With this in mind, it is worth adding appropriate provisions to the agreement now, which, if necessary, will immediately enable its performance based on the CSIRE, without the need to make urgent changes. One of the provisions that may be overlooked in this context is Article 4k(1) of the Energy Law, which requires electricity settlements to be made exclusively on the basis of data collected in CSIRE.
- Changes to the WEE license, new register of renewable energy producers – a change that is particularly important for producers and trading companies. The change planned as part of the UDER29 project is to raise the installed capacity threshold above which a license for electricity production is required from 1 to 5 MW. In addition, entities that already hold a WEE license and whose installations have a capacity of less than 5 MW will automatically be transferred to the new register of producers in RES installations – an extended version of the current MIOZE. From the point of view of an energy sales agreement, it is worth ensuring that the party acting as the producer takes care of all the formalities related to this change, in particular the requirements of Article 9 of the RES Act. The consequences can be serious, including removal from the register, which will automatically prevent the performance of the agreement!
- Change of supplier within 24 hours – if the distribution system operator responsible for a given customer has joined CSIRE, then the trading company selling electricity to that customer must take into account that the procedure for changing the supplier within 24 hours via CSIRE applies. It is worth including this issue in the contract, especially if the contract provides for a specific. procedure for the circulation of documents related to the change of supplier
- New reserve electricity sales – changes coming into effect on July 1, 2025, are a real revolution. From that date, the function of reserve sellers will be taken over by obligated sellers, appointed by the President of the Energy Regulatory Office for a period of one year, within the jurisdiction of a given DSO. All trading companies operating in areas of operators not directly connected to the transmission network (OSDn) should be prepared to become reserve sellers, which will require them to develop, for example, contract templates for both regular and comprehensive sales models. It is also worth familiarizing yourself with the documents regulating the functioning of CSIRE, such as Information Exchange Standards or Technical Standards for Business Communication. Thanks to them, it will be easier to correctly describe the procedures related to reserve sales.
