Amendment to the RES Act – what has been changed

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On October 30, an amendment to the RES Act entered into force. The new regulations change the rules of operation of the auction system and FIT / FIP systems. Until June 30, 2047, it will be possible to use state aid programs, which means that until then, support will be in force in the form of an obligation to purchase unused electricity at a fixed price, the right to a surcharge to the market price under the FIT / FIP systems and the auction system.

The amendment introduces an increase in the upper threshold for entry in the register of small RES installations (RMIOZE), which will limit the concession obligations of entrepreneurs generating electricity from small RES installations, thanks to which the development of investments in this segment will be possible. The rules for settling the positive balance are also changed.

A new definition of a small RES installation has been introduced – the upper threshold of the total installed electrical capacity has been raised. Small installations will be considered those with a capacity of more than 50 kW and not more than 1 MW. Thanks to this change, it is enough to submit an appropriate declaration and application for entry in the MIOZE register. The waiting time for the entry is 21 days.

The changes also introduced the possibility of extending the support period in FIT / FIP systems to 17 years. This applies to renewable energy installations with a total installed electrical capacity of no more than 1 MW, which use only biogas or hydropower to generate electricity and for which certificates of origin were previously issued for at least five years.

Also, the settlement of the positive balance for large installations was changed from the previous 15 years to three. Pursuant to the new regulations, they will take place after every three full calendar years. The provisions on credit settlement also apply to FIT / FIP systems.

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