Update Poland: New RES Act Amendment – Governmental Approach not yet Coherent

von Dr. Peter Nagel

Last week the Ministry of Energy officially confirmed that it will work/is working on an amendment of the RES Act. The aim in general is to provide a more balanced RES energy mix, as onshore wind has dominated the new installed capacity in Poland since 2013.

Dr. Christian Schnell

In 2015, Poland installed more onshore wind farm capacity than both France or the UK. Nevertheless, this approach has not yet been officially confirmed in the Ministry's statement. However, the statement did confirm the policy approach to preferential support technologies which create additional value for Poland, i.e. promoting technologies which are produced in Poland and creating new jobs. This is a clear statement in favour of biomass firing and dedicated co-firing installations.

Further, the Ministry made a clear statement that private prosumers should not receive feed-in tariffs (“FiT”). So, the original support system proposed by the Ministry of Economy to support private prosumers with direct support and net-metering might be introduced in the amended RES Act. However, entrepreneurial prosumers should receive a FiT, as the Ministry indicates.

Additionally, the Ministry of Energy emphasis that energy cooperatives in rural areas should be promoted. So, the RES Act amendment will be implemented jointly with the so-called Smart Metering Act to provide a technical basis for energy cooperatives.

So far, so good it seems. At the end of last week several members of parliament from PiS parliamentarian group submitted a draft Wind Turbine Investment Act to Parliament. In 2012, PiS parliamentarian group filed a draft of an amendment act of building law and planning and zoning law to the Polish Parliament (Parliamentary printed paper 758), but this draft did not proceed further. It was expected that relevant changes to planning and zoning law, building law, technical supervision law, etc ...

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