Informacje

DMS
  October 3, 2012

  Wind Energy Investment Guide at Husum fairs
 

At Husum Wind Energy fairs the German-Polish Chamber of Commerce (AHK) published a Wind Energy Investment Guide for Poland in the German, English and Polish languages. See attachment for download.
This year the Husum Wind Energy fairs, which are held every two years, welcomed around 36,000 visitors and more than 1,100 exhibitors, which means a 20% increase compared to 2010.


  PV Workshop
 

On November 6, 2012 in Berlin DeBenedetti Majewski Szczesniak together with Solarpraxis organize a workshop devoted to PV investments in Poland. You can register for the workshop here: http://www.solarpraxis.de/konferenzen/experten-workshop-photovoltaik-in-polen/allgemeine-informationen/



  PV market overview and PV Investment Guide
 

Please find attached a comprehensive market overview of PV in Poland published in October 2012 issue of PV Magazine. On occasion of the PV workshop the German-Polish Chamber of Commerce (AHK) and Solarpraxis publishes a PV Investment Guide in the German, English and Polish languages. If you are interested in receiving this Investment Guide, please contact us.



  New Energy law draft published, the “three-pack” will enter into force at the same time
 

It states that a master plan (MPZP) or a planning permit (WZ) are still required to apply for grid connection conditions. It seems that the changes introduced by the first draft of the RES Act, whereby a study was enough for application purposes, didn’t succeed.

The new law introduces also a new term, namely an industrial consumer (“odbiorca przemysłowy”) defined as an enterprise the main objects of which constitute extraction of hard bituminous coal or non-ferrous metal ores, production of goods from wood and cork to the exclusion of production of furniture, production of paper and paper goods, chemicals and chemical goods, production of goods from rubber and plastic, production of glass and glass goods, production of ceramic construction materials and production of metals. Industrial consumers are obliged to purchase green energy or alternatively to provide a compensation fee if they consume more than 100 GWh electric energy per year, and the total cost of energy should be at least at a level of 3 percent of the production value, which is the turnover minus excise tax plus product donations. The obligation refers to 80 percent of purchased electric energy if the total energy cost is at a level between 3 and 7 percent of the production value, 60 percent if the total energy cost is at a level between 7 and 12 percent of the production value, and 20 percent if the total energy cost is at a level exceeding 12 percent of the production value. Industrial consumers will extend the group of entities obliged to purchase green energy, which will most probably have a positive impact on the price of green certificates.


  Leading Polish Employers’ Organization PKPP Lewiatan proposes changes to Clause 41 Sec.3 of the RES Act draft
 

PKPP Lewiatan proposes that this clause shall apply only if a RES power producer sells electric energy at an (guaranteed) administrative price to the supplier of last resort. If the RES power producer sells electric energy to a third party, no administrative price should apply and the power producer accepts full market risk. Once a year the RES power producer should have a choice, whether to opt for selling power to the supplier of last resort at an administrative price or selling power to third parties, whether on contractual basis or on the power stock exchange, bearing the full market risk.


  Size of the planned photovoltaic power plants increases to 40 MW
 

Recently a German investor acquired an 86 ha site from the Witnica municipality - near Gorzow Wielkopolski - and plans to build a 40 MW solar park to be connected to the grid next year. Although presumably no grid connection conditions are issued yet, it shows that PV large-scale investments are already on their way.


  GDF Suez plans to file a lawsuit against Poland if a new RES Act comes into force
 

According to Puls Biznesu, GDF Suez plans to file a lawsuit against Poland if the new RES Act comes into force and substantially cuts the royalty scheme for co-firing. Poland has signed bi-lateral agreements to protect investments with more than 60 countries.


 

For more information please contact:

 

       

dr Christian Schnell
coordination/transactions/
venture agreements
cschnell@dms.net.pl
 
C. David DeBenedetti J.D.
project finance
ddebenedetti@dms.net.pl
 
Joanna Świostek
project development/planning
and building law/commercial
jswiostek@dms.net.pl




DeBenedetti Majewski Szcześniak has been chosen
by Corporate Intl Magazine 2012 as the:

“Renewable Energy Law, Firm of the Year in Poland”

“Project Finance Law, Firm of the Year in Poland”

“Investment Funds Law, Firm of the Year in Poland”

 
 

 

 
 

The aim of this Newsletter is to provide a summary of the subject matter. No part of this Newsletter constitutes legal advice or can replace expert legal advice in specific circumstances. If you would like any further information, contact us.

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