March 26, 2012

  RES Act 2.0

More and more details of the next draft of the RES Act are already being discussed. The first draft published on December 22, 2011 has been criticized substantially, so the Ministry of the Economy had to react. The new draft is at the moment in consultation with other Ministries and, according to the Ministry of the Economy, one can expect its publication in due course. The following article summarizes what might be expected from RES Act 2.0, although the draft is not published yet, which still means uncertainty. According to the Ministry of the Economy the RES Act should be filed with Parliament by June of this year, to come into force by January 1, 2013. So the RES Act has to pass the Council of Ministers by May this year at the latest, and no exhausting official consultation or further substantial re-draft should be expected anymore. 


Micro-Installations will be even more micro than already planned with installed capacity of electric power up to 20 kW and of heat power up to 35 kW. But the new law most probably introduces a new definition of small installations with installed capacity of electric power up to 2 MW and of heat power up to 5 MW. Micro-Installations are not a registered business anymore, and have to register only with official suppliers (PL: sprzedawca z urzędu), whereas small installations are a regulated registered business and have to register as well with official suppliers, but don’t need a license (PL: koncesja). For agricultural biogas installations the register will be provided by the Agricultural Market Agency (PL: Agencja Rynku Rolnego).

The definition of an official supplier (PL: sprzedawca z urzędu) most probably returns. An official supplier is a company having a license for energy supply or gas supply for consumers, which don’t make use of their right to choose the supplier in short words distribution grid operators. 

  Grid connection

The obligation to connect producers of renewable energy to the grid most probably returns. And renewable energy production facilities will again have a first connection right to grids. The grid operator provides technical conditions for grid connection and eventual grid modernization or extension separately. If the grid connection won’t be possible at the given moment, the operator has to provide a schedule how to connect the facility within the next five years. If the grid connection can’t be facilitated for the filed capacity, the operator has to specify which capacity can be connected to the grid. In case the grid connection needs a temporary shutdown due modernization or urgent matters, the grid operator has to specify these facts in the technical grid connection. If the grid connection doesn’t calculate for the grid operator in any case – based on the Return of Capital -, he has to present the calculation basis presenting grid connection costs and grid modernization and extension costs separately. The common practice of Energy Regulatory Office URE will therefore be introduced into the law. 

  Purchase obligation

The purchase obligation for official suppliers returns, but most probably with a slight modification. The purchase price may be based on the average price for electric energy for the previous year published by URE, but just on the calculation basis for 2012. In future the price will be indexed just according to consumer prices, and not according to the average price for electric energy for the previous year. As the average energy price will increase most probably faster than the consumer prices as least this is what the Ministry of Energy assumes -, on a long-term view the purchase price for renewable energy will fall below the average price for electric energy. 

  Royalty scheme

The so called correction-coefficient for the given investment will be valid for 15 years and differs between the renewable energy sources. The new draft will state this precisely, as the last draft was less precise regarding this matter. For repowering, the correction-coefficient will be calculated in relation to the modernization costs. For co-firing CHP and power plants, the given correction co- efficient is only valid for three years. The correction coefficient will be published every three years for the following five years the wording according to the previous draft will be most probably improved. The correction coefficient shall guarantee minimum ROI, e.g. at least at a level of a 10Y-fiscal bond. The correction coefficients for 2013 and 2014 might stay at the actual level. The first correction coefficients according to the new understanding differentiating between the renewable energy sources will be most probably published as part of the new law.

Although the certificate won’t have any time limit and can be sold at any time, the renewable energy sources-guarantee, which is the document needed for issuing a certificate, has to be achieved 12 months after power production. The renewable energy sources-guarantee from other EU countries can be achieved as well 

  Save the date

EurActiv Stakeholder Workshop

„Rola odnawialnych źródeł energii we wdrożeniu pakietu klimatyczno-energetycznego i Energetycznej Mapy Drogowej 2050 / Role of Renewable Energy at the implementation of the Climate & Energy package and the Energy Road Map 2050 ”
Warsaw, European Parliament Information Office, April 23, 2012

RSVP to Natasza Sochańska, Communications Manager, 

  Next issue coming due to Easter Holidays April 16, 2012

inter alia about legal possibilities to prevent against unacceptable grid connection conditions. 


For more information please contact:



dr Christian Schnell
venture agreements
C. David DeBenedetti J.D.
project finance
Joanna Świostek
project development/planning
and building law/commercial

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”




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