The Exceptional Situations Commission approved on Wednesday the mechanism for settling imbalances on the renewable energy market and the tax regime applicable to them. The new market rules, harmonized with the European ones, entered into force on June 1, 2022, but the related tax regime has not been adapted. It was not until August 2023 that the tax regime for balancing energy was adjusted to the new conditions, and the CSE's decision allows it to be applied for the period from June 2022 to August 2023. Imbalances on the energy market represent the difference between the volume of energy actually delivered and the volume nominated (forecast) by producers.

According to CSE's decision, tax invoices for negative imbalances (when generators generate less energy than they have forecast) will be issued by the transmission system operator to the balancing party or balancing group, which in turn will pay the invoice, and for positive imbalances (when generators generate more energy than they have forecast) the invoice will be issued by the balancing party or balancing group to the transmission system operator, with the application of the related VAT tax regime on the date of the settlement note.

Under the CSE provision, settlement notes will be delivered by November 30, 2023, for each month from June 2022 through August 2023. After this period, the provisions of the Tax Code will apply. This solves a problem of renewable energy producers, CETs and other market participants, which until today were not able to invoice balancing energy.