The President of the Republic of Poland signed an amendment to the RES Act and some other acts

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The amendment to the act on renewable energy sources was signed by President Andrzej Duda on October 5, 2021. The introduced regulations extend, for example, the existing state aid programs for producers of energy from renewable energy sources. They make it possible to extend the auction aid scheme until the end of 2027. In addition, the Act introduces provisions limiting the concession obligations for entrepreneurs engaged in economic activity related to small RES installations.

The most important solutions introduced by the act include:

  • limiting the concession obligations for entrepreneurs conducting economic activity in the field of small installations, which is the result of changing the definition and raising the threshold of the total installed electrical capacity to 1 MW or the combined achievable thermal capacity to 3 MW for this type of installation;
  • introducing the possibility of obtaining operating aid for the next 2 years for FIT and FIP systems for small hydropower installations (MEW) and biogas installations with a capacity of no more than 1 MW, which used the green certificate system for a minimum of 5 years;
  • extension until June 30, 2024 of support programs related to the sale of electricity at a fixed price (FIT system) or the right to subsidize the market price of electricity (FiP system);
  • introducing the possibility of defining a long-term schedule of providing support to RES producers for the next 6 years. The regulation will also specify the amount and value of electricity from RES, which cannot be reduced;
  • confirmation of the practice of the President of ERO related to the method of determining the total installed electrical capacity of RES installations, which is related to the change of qualification of the obligation from the concession to the registered one for RES producers;
  • introducing a change regarding the power of RES-generated devices, which can be located without taking into account the conditions and directions of spatial development of a given commune up to the installed capacity of 500 kW.

With the exception of some provisions that will become applicable in later, designated provisions, the above-mentioned solutions will come into force after 14 days from their publication in the Journal of Laws.

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