According to recent press reports, the European Commission has sent several inquiries to Poland’s Office of Competition and Consumer Protection concerning the new auction system specified by the RES Act.

The European Commission refers to the Act’s preferences for biogas installations (e.g. the threshold for the reference price indicated in the RES Act) and installations for the co-combustion of biomass, while wind farms, photovoltaic installations and small hydroelectric plants face restrictions.

It is likely that an amendment will be required to the provisions of the RES Act on the maximum amount of state aid for generators of electricity from RES sources. In other areas, the authority will be required to provide additional explanations and justifications.

At the beginning of November work on ten amendments to the RES Act and at least one amendment to “the distance law” will commence.

One projected amendment aims to prevent projects with combined investment and operational state aid from receiving preferential treatment in the auction scheme. The current wording of the RES Act may lead entities whose offers do not win an auction to instigate litigation. Other amendments are planned for provisions which stipulate some restriction for imported installations and their components. As regards “the distance law”, an extension to the period for provisions on real estate tax to enter into force is being considered.