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Poland - New Energy Law

Lawyers from the Warsaw Governments & Energy team discuss the most important changes related to the amendments to the energy law in Poland and their importance for the energy market participants.

The Amendment to the Renewable Energy Sources Act: two new interesting points

24 May 2021, by Michał Drozdowicz and Ernest Łuczak

The new regulation is upcoming in Polish RES sector in 2021 and it is expected that the amendment will come into force this year… soon. The change will affect a significant part of the existing renewable energy market.

The first key information is that the existing support system (based on auctions) will be extended until 31 December 2027 (if accepted by the European Commission). According to the current legal regulations the RES auctions may be organized by 30 June 2021.

The second interesting point is the new wording of the definition of „small installation” (,,mała instalacja’’). The maximum installed capacity of the small installation will be increased from current capacity not exceeding 0,5 MW up to capacity not exceeding 1 MW. So the small installation will be the one with installed capacity over 50 kW and up to 1 MW (instead of the one with installed capacity over 50 kW and lower than 500 kW).

Why is it interesting?

The amendment will, on the one hand, limit the obligations of producers generating energy from small installations and, on the other hand, it will transfer "ex officio" companies holding a license, whose installations meet the conditions for small installations, to the register of energy producers in small installations.

As a result, installations from 50 kW up to 1 MW would be exempt from the licensing procedure before the President of the Energy Regulatory Office. Since this procedure includes a number of formal requirements, this change would have practical impact on the practical construction schedule of installation with installed capacity up to 1 MW. It will be much easier to meet the RES auction deadlines. Taking into account that the great number of developed project are the ones with installed capacity up to 1 MW, the change will affect a significant part of the existing market.

The new solutions are to enter into force 14 days after their publication in the Journal of Laws.

[Wersja polska]