The draft amendment to the Act on Sea Areas (RCL UD list number 361) was examined by the Legal Committee and directed to the Standing Committee of the Council of Ministers.
From the perspective of investors from the offshore wind energy sector, the most important are the proposed provisions regarding the modification of applications and the issues of settling a tie in adjudicating proceedings.
According to the draft, the modification of the application in terms of the type of planned project, its location beyond the proposed location indicated in this application, characteristic technical parameters exceeding the limit values indicated in the application or the value of the planned project will be treated as submission of a new application and withdrawal of the original application.
In the event of a tie in the decisive procedure, the winner is to be the investor who obtained the most points in a greater number of criteria. If this does not determine a winner, the highest number of points in the most important criterion will count. Currently, this decisive criterion is the method of financing planned projects. If this is also not decisive, the applicant will win the application whose application shows a lower ratio of the value of the planned offshore wind farm to its maximum installed capacity.
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