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Amendment to the RES Act and the Distance Act

Amendment to the RES Act and the Distance Act

A session of the Parliamentary Mining and Energy Team (Chairman – MP Ireneusz Zyska), during which the assumptions to the amendment to the RES Act and the Distance Act were presented was held on 8 June in the Sejm. Attached please find a presentation concerning the amendments in question. The assumptions were presented by Andrzej Kaźmierski, Director of Renewable Energy Department, Ministry of Energy.

The draft act is to be published next week; it will be presented and proceeded as a governmental draft.

As regards the expectations of our industry, the amendments to the Distance Act seem to address the issues raised by us (restoration of the real property tax calculation principles applicable to date, abandonment of the 3-year requirement to obtain an occupancy permit, possibility to refurbish and modernise existing wind turbines). However, the 10 h requirement for the location of wind turbines remains unchanged. At this stage it is unclear how the transitory provisions will look like, what is particularly important in the context of the real property tax for the year 2017.

As regards the RES Act, the assumptions are mostly coherent with the ones recently presented by us in the law and legislation newsletter. The oversupply of certificates of origin remains unsolved, and – as demonstrated by the statements made today by the Ministry – a solution to the problem is not planned at this stage.

Because public consultations will commence after publication of the draft act, we would like to invite you to participate in the 2017 PWEA Conference&Exhibition, which will be held on 20 and 21 June in Serock (Hotel Narvil Conference & Spa, ul. Czesława Miłosza 14A) – this will be very good forum to discuss and develop postulates common for our industry, which will then be presented during public consultations of the draft act.

Furthermore, Director Kaźmierski announced during the session that the draft Distributed Energy Act will be ready by the end of the year, most likely in December.

He also mentioned that the Act will be adopted following notification of the RES Act by the European Commission (which is still pending) and that the complaint filed with the European Commission extended the process.


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