Poland - UOKiK decisions on natural gas
The practices most commonly used by natural gas vendors include the right to contract termination and the right to suspend the supply of natural gas for reasons other than provided for by law. Following its last-year’s inspection, the President of UOKiK passed 15 decisions. All companies agreed to change their contract templates. Proceedings relating to one company are still in progress.
The decisions are a result of an inspection carried out in 2012 upon request of the President of UOKiK. The Office reviewed contracts, contract applications and rules used by 16 companies, including 7 companies operating within the PGNiG Group, and 9 largest alternative suppliers of natural gas. In total, UOKiK reviewed 159 templates which had been used as a basis for contracts with over 6 million consumers. The Office raised objections to templates used by all of the inspected natural gas vendors.
As a result of the inspection, the President of UOKiK passed 15 decisions. All companies agreed to amend the clauses as necessary which helped the illegal provisions to be removed within a shorter time. Proceedings relating to one company are still in progress.
The following companies (15) agreed to change their practices: AMBER GAZ of Koszalin, ANCO of Jarocin, Dolnośląska Spółka Gazownictwa of Wrocław, DUON DYSTRYBUCJA SA, Egesa Grupa Energetyczna of Warsaw (former Entrade Group), EWE energia of Międzyrzecz, G.EN. GAZ ENERGIA of Tarnowo Podgórne, Górnośląska Spółka Gazownictwa of Zabrze, Karpacka Spółka Gazownictwa of Tarnów, Mazowiecka Spółka Gazownictwa of Warsaw, Polskie Górnictwo Naftowe i Gazownictwo of Warsaw, Pomorska Spółka Gazownictwa of Gdańsk, SIME Polska of Sochaczew, Tarnogrodzki Zakład Komunalny of Tarnogród, and Wielkopolska Spółka Gazownictwa of Poznań. Proceedings (1) relating to AVRIO MEDIA of Kostrzyn are still being conducted.
One of the most frequently identified irregularities was the inclusion of a provision allowing the energy company to unlawfully terminate the contract. The natural gas companies reserved a right to terminate the contract for reasons other than stipulated by the energy law, for instance due to significant changes in the natural gas market or default in payment to a previous natural gas supplier.
The UOKiK inspection also revealed that most of the inspected natural gas vendors granted themselves the right to suspend the supply of fuel for reasons other than provided for by law. Additionally, the vendors were allowed to cut the supply of natural gas in other situations beyond the statutory authorisation, including for instance lack of access to the network where property may be at risk or where a gas meter could be damaged. The law stipulates that the supply of natural gas may be cut in case of illegal consumption or in a situation where the gas system at the consumer's premises poses immediate danger to life, health or the environment.
Information on the rights of natural gas consumers is available in the UOKiK guide (available in Polish only). In case of any dispute with a fuel supplier, consumers may seek advice from the competent district or municipal Consumers’ Ombudsman within the relevant territorial jurisdiction. Assistance may also be requested from: the Consumers’ Federation by calling the free number 800 007 707 or visiting one of its branch offices, and the Association of Polish Consumers at porady@dlakonsumentow.pl. Additionally, consumers may contact the Information Centre for Fuel and Energy Consumers at the Energy Regulatory Office. The Energy Regulatory Office experts provide advice and practical support to energy consumers experiencing problems in their relations with electric power, natural gas and heating vendors.