The Energy Regulatory Office issued a communication regarding the extension of deadlines for fulfilling obligations in the auction system and FIT / FIP systems.
The provisions of the so-called first anti-crisis shield introduced regulations to the Act on renewable energy sources that are to help producers meet the deadlines for starting the production or sale of electricity both in the auction system and in the guaranteed tariff system (feed-in-tariff) and the market price subsidies system (feed -in premium), hereinafter: FIT / FIP systems.
The provisions of the so-called first anti-crisis shield introduced regulations to the Act on renewable energy sources that are to help producers meet the deadlines for starting the production or sale of electricity both in the auction system and in the guaranteed tariff system (feed-in-tariff) and the market price subsidies system (feed -in premium), hereinafter: FIT / FIP systems.
If it occurs during the implementation of investments in the field of new installations of a renewable energy source, circumstances specified in the RES Act, i.e. delays:
- In the supply of equipment included in the installation of a renewable energy source,
- In the supply of elements necessary for the construction of a renewable energy source installation,
- In the implementation of renewable energy installations and connections to the power grid,
- When commissioning or commissioning a renewable energy source installation,
- When obtaining a license or entry in the registers specified in the Act,
The President of the Energy Regulatory Office once, at the request of the manufacturer, issues a decision on:
- Extension of the deadline for fulfilling the obligation referred to in art. 79 paragraph 3 point 8 lit. a) the Act on renewable energy sources and the periods referred to in art. 74 section 1 of this Act (art. 79a – AUCTION SYSTEM),
- Extension of the deadline for fulfilling the obligation referred to in art. 70b paragraph 4 point 1 lit. d) the Act on renewable sources, and the period referred to in art. 70b paragraph 4 point 1 lit. c) this Act (art. 70ba – FIT / FIP SYSTEMS).
This period may be extended by the period indicated by the manufacturer in the application, but not longer than by 12 months from the date on which the deadline for the implementation of these obligations would expire. In the application, the manufacturer must provide, among others a statement by itself or the suppliers of devices included in the RES installation confirming that the delay in the delivery of equipment or commissioning of the installation is due to the above-mentioned circumstances.
All renewable energy installations that have won the auctions and which have not expired within the time limit for starting the production / sale of electricity in this system may exercise the right. Please note that the application must be submitted by the manufacturer 30 days before the deadline for the commitment. This entitlement is similar in relation to installations in FIT / FIP systems.
This means that only solar installations that won the auctions carried out in 2016-2017 cannot benefit from the entitlement, and in the case of solar installations that won the 2018 auctions, this entitlement will not be available only to producers who have not used or will not use the procedure provided for in art. 17 clause 3 of the Act of 19 July 2019 amending the Act on renewable energy sources and certain other acts.
The existing entitlement to change the date of the first sale of energy (Article 17 (3) on the amendment of the Act on renewable energy sources and certain other acts) and the new entitlement enabling the extension of the deadline for fulfilling obligations in connection with a pandemic state are uncompetitive. The manufacturer may exercise both these rights jointly.
The new provisions also indicated the cases when the regulator refuses to extend the deadline to applicants. This may occur when:
- The application will not meet any of the requirements referred to in art. 79a section 2 and 70ba paragraph 2 of the Act on renewable energy sources,
- The manufacturer has submitted the application later than 30 days before the date of fulfilling the obligation referred to in art. 79 paragraph 3 point 8 lit. a and art. 70b paragraph 4 item 1 license d of the Act on renewable energy sources,
- None of the circumstances referred to in art. 83 paragraph 3ba of the Act on renewable energy sources.