The latest amendment to Poland’s Act on Renewable Energy Sources (RES Act), which has been signed into law by the president, increases the maximum installed capacity of RES installations qualifying as small installations to 1 MW. Consequently, electricity generated 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 a power generation license from the Energy Regulatory Office (ERO).

But what if, on the effective date of the amendment, an energy generator holds a generation license or is mid-procedure for the granting of a license for such RES installation?

Transitional provisions in the amendment to the RES Act resolve this. Under Article 6, generators already holding a license will be entered into the register of generators in small-scale RES installations by the ERO, and their licenses will expire on the date of entry into the register. The ERO has 90 days from the effective date of the amendment to make the change and issue an appropriate certificate confirming the registration.

Generators may be called upon to supplement data required for the entry in the register of small-scale energy generators, within 60 days of receiving the request. This includes the following information:

  • Identification of the generator, its registered office, address and other contact details,
  • The generator’s tax identification number,
  • Identification of the type and scope of the small-scale installation business to be carried out and the place or places and anticipated date of commencement of such business,
  • The type of small-scale installation and its total installed electrical capacity or combined heat and power-generating capacity.

Should the generator fail to provide the requested information within the 60-day period, the ERO will be obliged to issue a decision to remove the generator from the register.

Article 7 of the amended RES Act perfunctorily addresses energy generators who have just applied for 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 discontinue the proceedings. Contrary to earlier market expectations, these proceedings will not automatically change into proceedings for entry into the register of small-scale RES installations. The generator must submit a separate application for registration. This will be possible from the date of entry into force of the amendment.

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