Yesterday, i.e. on November 28, 2022, the Sejm received a government draft act on special protection of certain gaseous fuel consumers in 2023 in connection with the situation on the gas market.

The draft mainly addresses issues related to the protection of gaseous fuel consumers. At the same time, however, it contains a number of significant regulatory changes regarding the renewable energy sector.

Extension of auction deadlines

Article 40 of the draft act provides for a modification of the Act of 20 February 2015 on renewable energy sources, extending the deadline for extending the fulfillment of obligations under the auction system (Article 79a(1) of uOZE) and FiT and FiP (Article 70ba(1) 1), from the previous 12 months to 18 months.

In addition, the draft modifies Art. 79 sec. 3 point 8 lit. a and art. 74 sec. 1 of the RES Act, extending for photovoltaic installations from 24 months to 33 months the deadline for introducing and selling the first electricity and the maximum age of devices under the auction system.

Offshore wind energy

In addition, the draft modifies the provisions of the Act of December 17, 2020 on the promotion of electricity generation in offshore wind farms, adding under Art. 10 sec. 4 and art. 38 sec. 5 provisions on taking into account indexation.

In addition, as part of the amendments to Art. 40 (para. 10a – 10g) the possibility of settling part of the amount intended to cover the negative balance in euro.

Price limit mechanism

In addition, as part of the amendments to the Act of 27 October 2022 on emergency measures aimed at limiting electricity prices and support for certain consumers in 2023, modifications are made to Art. 22 point 1 according to which the price limit mechanism does not apply to electricity generators generating electricity in a generating unit with an installed electrical capacity of no more than 1 MW or a total installed capacity of no more than 3 MW, if the electricity generator has more than one generating unit, where the installed electrical capacity of any of these units does not exceed 1 MW.