Summary of the changes in the Polish Energy Act 2019


published on 13th February 2020


2019 saw many changes that had a significant impact on the Polish renewable energy sector. The year will certainly be a good one because of the record increase in the installed output of photovoltaic systems by 157.7 percent p. a. remain in memory, the “magic limit” of 1 GW in PV was exceeded. This development was associated with an unprecedented boom in the small systems sector (up to 50 kWp). 62 percent of the installed capacity of photovoltaic systems is accounted for by microsystems. Another groundbreaking event in 2019 was the EE auction, which, according to the report, is expected to be the first of its kind. According to the Polish Energy Regulator, the auction was one of the largest in the world and the largest auction for onshore wind farms in Europe. This article summarizes the legal changes that have contributed to Poland taking a significant step towards the implementation of the EU target (share of renewable energy in gross electricity consumption in Poland of 15 percent).


Amendment of the Act on Renewable Energy in Poland of 29. August 2019

The most important normative change shaping the renewable energy sector in Poland was the amendment of the Polish Energy Act of 29 January 2007. August 2019 introduced an amendment to the Renewable Energy Sources Act. His assumptions focused on improving the situation of producers of electricity from renewable energy sources and on preparing the legal framework for the planned record auctions of renewable energy.

The amendment has changed the terms of the auction obligations to the benefit of the parties. The deadline for the start of electricity sales from the plant was extended, which won an auction. Previously, the regulations in force stipulated that the first sale of electricity from the photovoltaic system must take place within 18 months of the end of the auction. This period has been extended to 24 months. For onshore wind farms, this period has been extended from 24 months to 33 months. For other RES installations, this period is now 42 months instead of 36 months. The period for the first sale of electricity from offshore wind farms (72 months) remains unchanged. It should be noted that the extended deadlines also affect those electricity producers that won the auctions before the amendment came into force. To benefit from the introduced amendment, they must apply to the Director of the Polish Energy Regulatory Authority.

Another interesting solution proposed by the legislator is the possibility to update the winning bid once. The update may concern the planned starting date of the period of support in the auction, subject to the proviso that the period for starting support may not exceed the period for the first sale of electricity. Also, the volumes fed into the grid by the generator may be changed in the individual years in which the obligation under the auction exists. Example: If the producer has undertaken to produce 15,000 MWh within 15 years and to feed 1,000 MWh annually into the grid, he can determine a different distribution of the energy volumes through updating, e. g. 500 MWh in the first year, 1,500 MWh in the next year and 1,000 MW/h each in subsequent years, so that the total amount of electricity it generates remains the same in summary terms. The last modification of the bid permitted by the legislator relates to the change in the installed capacity of the plant. However, it should be noted that this does not lead to a change in the classification of the installation concerned as micro, small or medium-sized plant below or above 1 MW.











Also read „Analysis of the amendment to the Renewable Energy Sources Act”  und „Planned important changes in the legal framework for the operation of renewable power plants in Poland”.






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