The National Association of Electricity Generators (Andeg) warned that Decree 0044 of 2026 from the Ministry of Finance jeopardizes the financial stability of the energy sector by imposing a 2.5% parafiscal contribution and a 12% energy contribution. The guild, led by Alejandro Castañeda, labels the measure as confiscatory and legally flawed, requesting review by the Constitutional Court. The decree aims to fund interventions in companies like Air-e, which has been under intervention for over 17 months.
On January 21, 2026, under the economic emergency declared by President Gustavo Petro, the Ministry of Finance and Public Credit issued Decree 0044 of 2026. This regulation introduces two key measures for the electricity generation sector: a 2.5% parafiscal contribution on 2025 pre-tax profits, aimed at strengthening the Business Fund of the Superintendence of Public Services. This contribution, estimated to raise around $300 billion, seeks to ensure the continuity, quality, and sustainability of the public electricity service, funding intervention processes in struggling companies.
Payments will be made in two installments: an initial 1.25% on February 2, 2026, and the balance on May 15, 2026, reported through the Single Information System (SUI). It applies to companies engaged in generation activities under Article 14 of Law 142 of 1994, without impacting the income tax base.
The second measure establishes an in-kind contribution of 12% of energy sold in the Wholesale Energy Market by hydroelectric generators with centralized dispatch. This energy will be distributed proportionally to intervened companies like Air-e, settled monthly by XM S.A. E.S.P., without affecting tariffs or market prices. Its value will be recognized as a 50% tax discount on income tax.
Andeg, led by President Alejandro Castañeda, strongly criticized the decree, calling it confiscatory and legally flawed. "Decree 044 of 2026 is confiscatory and presents serious legal vices, as it compromises the financial sufficiency of generating agents and shifts the burden of debts that do not correspond to them," Castañeda stated. The guild highlights that thermal generators face receivables of $1.2 trillion from Air-e and over $500 billion from the rest of the chain, exacerbating systemic risk and discouraging investment.
Furthermore, Andeg argues that these measures distort the service provision model, forcing generators to contribute to their own debt without structurally resolving Air-e's issues, which has been intervened for over 17 months in Atlántico, Magdalena, and La Guajira. Castañeda called on the Constitutional Court to review the decree alongside the economic emergency, warning of harmful effects on sector sustainability and institutional credibility. "This obviously distorts how the electricity sector works, which has always been characterized by formal relationships between agents through contracts, the exchange pool, and the market operator," he added.
