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Capped energy prices: amendment to government decree with new obligations

An amendment to Government Decree No. 298/2022 Coll., on the determination of electricity and gas prices in an extraordinary market situation, came into effect on 4 February 2023. The amended decree sets out rules on the amount of public aid that individual entities may receive thanks to the capping of energy prices in 2023 and describes the control mechanisms when drawing public aid that were set up in the form of notifications to the Ministry of Industry and Trade.

Drawing support in the form of capped electricity and gas prices will bring not only benefits such as a reduction in energy costs but also obligations that will need to be fulfilled on an ongoing basis. The good news is that the first milestone for which compliance will need to be demonstrated is April 2023.

Price capping is subject to the public aid limits set by the EU Temporary Crisis Framework (TCF), discussed in previous issues of the Tax and Legal Update. Member states are currently commenting on amendments to the TCF that should restrict the application of key public aid limits only to beneficiaries (or groups thereof) in the territory of one member state. And so we can’t do anything but wait for the draft amendment to the TCF.

As this is a complex issue, we have prepared a webinar during which we will introduce to you the new rules arising from the amended government decree.

We will present the key conditions and documents related to the capping of electricity and natural gas prices, and address crucial questions such as:

  • How can businesses receive aid of more than EUR 2 million? And what are the conditions for receiving even higher aid?
  • How to monitor the maximum permissible financial benefit limit? When, to whom, and how will the drawing of aid have to be notified?
  • For which obligations will businesses need to prepare starting April 2023?

The webinar is free of charge and will be broadcast on YouTube.