RES law amendment changes licensing requirements for small installations | Dentons

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The latest amendment to the Polish Law on Renewable Energy Sources (RES Law), which was promulgated by the President, increases the maximum installed capacity of RES installations classified as small installations to 1 MW. Consequently, the electricity produced in RES installations with an installed capacity of between 0.5 MW and 1 MW will no longer be subject to the obligation to obtain an electricity production authorization from the Regulatory Office. Energy (ERO).

But what happens if, on the date of entry into force of the amendment, an energy producer holds a production authorization or is in the middle of the procedure for granting an authorization for such an installation? SER?

The transitional provisions of the amendment to the RES law resolve this problem. Under Article 6, producers who are already licensed will be entered in the register of producers of small-scale RES installations by the ERO, and their licenses will expire on the date of registration. The ERO has 90 days from the effective date of the amendment to effect the change and issue an appropriate certificate confirming the registration.

Producers may be called upon to complete the data necessary for registration in the register of small energy producers within 60 days of receiving the request. This includes the following information:

  • Identification of the producer, his head office, address and other contact details,
  • The producer’s tax identification number,
  • Identification of the type and extent of the small-scale installation activity to be carried out and of the location (s) and expected date of the start of this activity,
  • The type of small-scale installation and its total installed electrical capacity or combined heat and power generation capacity.

If the producer does not provide the requested information within the 60-day period, the ERO will be obliged to issue a decision to remove the producer from the register.

Article 7 of the amended SER law is summarily addressed to energy producers who have just requested the granting or modification of a license or a promise to grant a license and the process remains incomplete. Article 7 obliges the ERO to terminate the procedure. Contrary to previous market expectations, this procedure will not automatically turn into a registration procedure for small RES installations. The producer must submit a separate registration request. This will be possible from the date of entry into force of the rider.

The amendment to the RES Law will enter into force 14 days after its publication in the Journal of Laws. As of October 6, 2021, the amending law has not yet been published.


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