Informacje

DMS
  December 6, 2012

  Photovoltaic Workshop December 13, 2012 in Warsaw
 

On December 13, 2012 in Warsaw at the Golden Tulip Hotel SC Consulting organizes a workshop with simultaneous translation devoted to PV investments in Poland, where Christian Schnell is one of the speakers. You can register for the workshop here. More than 100 attendees have already registered!



  Photovoltaic Investment Guide by Solarpraxis
 

On November 6, 2012 in Berlin DeBenedetti Majewski Szczesniak together with Solarpraxis organized a workshop devoted to PV investments in Poland with more than 150 participants attending. At this occasion Solarpraxis and DeBenedetti Majewski Szczesniak published a Photovoltaic Investment Guide for Poland in the English and German languages. See attachment for download. 


  PV Power plants international conference March 14 and 15, 2012 in Warsaw
 

In 2013, PV Power Plants - EU, the renowned European meeting place for professional exchange and networking organized by Solarpraxis, will be hosted in Warsaw, Poland. This year, regional thematic priority will be given to increasing international markets such as Eastern Europe (with a focus on Poland and its new PV legislation). The technical focus of the presentations will lie on standardization and quality assurance, financing and insurance, as well as the grid connection of large PV projects. DeBenedetti Majewski Szczesniak is a partner of this conference, Christian Schnell is a member of the program committee. You can register for the conference here.



  Janusz Piechocinski new Minister of Economy
 

On December 4, 2012 Janusz Piechocinski was appointed by the Prime Minister Donald Tusk as a new Minister of Economy replacing Waldemar Pawlak after 5 years. It came as a surprise when Janusz Piechocinski was elected as head of PSL party, the coalition partner of PO, two weeks ago. Waldemar Pawlak regularly emphasized his antipathy towards renewable energy. The question is whether this will change with Janusz Piechocinski. Mr. Piechocinski is rather known for his expertise in infrastructural topics as a head/actually co-head of the Parliamentarian Commission for Infrastructure since 2001 – with a short break from 2005 to 2007. This longstanding expertise might have a positive effect on emphasizing the need for modernization of the grid infrastructure, the Achilles’ heel of the Polish energy sector seriously affecting the renewable energy sector as well. Janusz Piechocinski was also head of the Voivodship Funds for Environmental Protection of Mazovian Voivodship through a period of three years and for two years the head of the KRES association, a vocational training center concentrating on education at local level with an ecological impact for two years. Furthermore, Mr. Piechocinski was a scientific assistant with the Warsaw School of Economics SGH. Before he started his studies, he completed a vocational school as an electrician. Generally, he rather represents the part of PSL with strong background in public administration, just contrary to Waldemar Pawlak representing the part of PSL with rural background. Therefore, Mr. Piechocinski seems to be more familiar with ecological topics and their administrative impact and the need for support for renewable energy and energy efficiency. The next weeks may show whether the change will have any impact on renewable energy policy but at least the professional background looks promising. Since the final battle at the Ministers’ Council and the Parliament is still to come a new leader with know-how is essential.



  RES Act after consultations between the Ministries
 

 

The RES Act was successfully consulted between the ministries but unfortunately it has stuck in the Committee for European Affairs of the Ministers’ Council. Presumably, the new Minister of Economy is able to push the RES Act and the whole three-pack through the Ministers’ Council and its Committees –the Steady Committee is the most important, as due to the absence of the at that moment not appointed Minister of Economy at the last hearing of the Committee for European Affairs on November 28 the topic was discussed again but not forwarded to the Steady Committee.
Most of the critical remarks were presented by the Ministry of Treasury. The Ministry of Treasury represents the interests of the state-owned utilities such as PGE, Tauron, Enea and Energa. The main critical point constituted the factual abolishment of co-firing coal and biomass, which according to the Ministry of Treasury will not let Poland meet the 2020 targets and provides for lower dividend payments to the budget. Also the lack of indexation of the compensation fee was criticized. Both remarks were challenged by the Ministry of Economy.
The petition to allow used coal firing installations to repower as dedicated biomass single-firing installations from 2015 was more successful. In 2015 approx. 5 GW of coal-fired power plants have to be shut down due to EU obligations, and their owners plan to partly repower these installations for biomass firing. Due to the actual wording all parts of the RES installation have to be produced no later than 36 months before commissioning, but the Ministry of Economy will change the wording of Par. 84 Sec. 9 so that as well used coal burning boilers after modernization will fulfill this requirement.
Furthermore, the Ministry of Treasury proposed to increase the correction coefficient for onshore wind from 0.9 to 1.1 and to prolong the correction coefficient for offshore wind to 2020, but both petitions have been rejected by the Ministry of Economy.
The FiT for micro-installations and small installations will be prolonged to 2035, i.e., for the same timeframe as the certificate system, thanks to a successful petition of the Office of Competition and Consumer Protection UOKiK. According to the actual wording, the FiT was valid only until 2027. The Ministry of Finance criticized the FiT for micro-installations and small installations as too expensive. The Ministry of Economy partly accepted the remarks and committed to implement a solution whereas the FiT will increase to 90 percent if a 500 MW target is reached and to 50 percent if a 600 MW target of installed capacity is reached. The targets will be published every quarter by the Energy Regulatory Agency URE. Presumably this solution will substantially harm the development of micro-installations and small installations as the risk of falling from the cliff is too high and will hinder larger investments in installations up to 200 kW.
The Ministry of Environment successfully enforced a change of the definition of biomass whereas thermal treatment of municipal biodegradable waste will count as green energy. Due to their initiative the definition of modernization will be changed, since modernization does not automatically lead to an increase of installed capacity, e.g. with hydropower installations.
The Ministry of Environment also proposed to prolong the obligation to purchase power by the suppliers of last resort at a guaranteed price without any time limit, since the actual wording says that 2027 is the deadline. This proposal was rejected by the Ministry of Economy.


 

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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