On March 3, 2021, the MME issued Resolution 40060 (hereinafter the “Resolution”) to develop article 296 of Law 1955 of 2019, related with the Colombian energetic matrix and the traders of the Wholesale Energy Market (hereinafter, the “MEM” as per its acronym in Spanish) conducting commercialization activities destined to final users including regulated and non-regulated users.
The mentioned article 296 of Law 1955 of 2019, was declared as constitutional by Constitutional Court through Ruling C-056 of 2021, as it did not find any violation to the equality, free competition and enterprise freedom rights.
This Resolution indicates that as of 2023, trades of the MEM must ensure that at least ten percent (10%) of their annual energy purchases, must come from non-conventional energy sources, through long-term agreements signed within the framework of market mechanisms, with supply periods equal to or greater than ten (10) years duly registered with the ASIC and in compliance with Decree 0570 of 2018, CREG Resolution 114 of 2018 and 079 of 2019, or the regulations that modify, add or replace them.
Moreover, this Resolution states that the Superintendencia de Servicios Públicos Domiciliarios, will verify the compliance with the obligation included in article 3 of Resolution 40715 as of 2023, related with traders that satisfy users from the regulated market and, as of 2024 it will verify the compliance with the obligation of article 3 of the Resolution, with the information reported by the ASIC for 2023.
Finally, it is established that as of January 1st, 2024, the Resolution will revoke articles 1, 2, and 3 of Resolution 40715, which regulates the obligation of article 296 of Law 1955 of 2019, for the traders that satisfy final users from the regulated market.