To whom the duty to register does not apply?
Under the Energy Act (Section 3(6)), a licensee (typically a trader) representing a customer on the occasion of contract conclusion is not an intermediary. Nor are the licensee’s employees acting on its behalf intermediaries.
Under the Energy Act (Section 3(8)), a one-off gratis act of an agent acting outside business does not constitute intermediation in the energy industries. Thus, from the perspective of this provision, for instance a person arranging for a contract on a one-off basis for another person is not an intermediary. However, a transaction being free for a customer does not per se mean that this activity is not a business activity and intermediation; intermediation is also carried out for the benefit of licensees.
Application for an authorisation
Applicants file their submissions in writing (through a postal operator or in/to ERO’s mail room (podatelna)) or electronically (via a data mailbox or e-mail message with an electronic signature).
The applicant for authorisation must be properly identified as a unique legal person. The method of identification differs for natural persons and juristic persons. In the event of filing additional documents, care must be taken to ensure that the submission clearly indicates the application to which the additional documents pertain. If the applicant for authorisation is not specified in the delivered documents and is not the sender shown on the envelope, the applicant has to enclose a cover letter or a note with the submission.
Please note that submissions addressed to the Energy Regulatory Office (ERO) must meet the requirements laid down in Section 37 of the Rules of Administrative Procedure. The submission must contain the name of the administrative authority to which it is addressed, the other information required by the law and, in particular, the signature of the person filing the submission. This also applies to additions to already filed applications. Where an agent files a submission for a party to the proceedings, ERO must receive evidence of the agent’s authorisation to carry out acts for the party to the proceedings (a power of attorney). Where a party to the proceedings sends to ERO only a document that does not contain the signature of the party or the party’s agent (for example, a list of operations without any other content) this document is not a submission signed by the relevant person and as such cannot be taken into account.
