• Is the RES act ready to be tabled for debate in the Polish Parliament?
  • February 28, 2014 | Author: Dominik Soltysiak
  • Law Firm: BSJP Brockhuis Jurczak Prusak Sp.k. - Warsaw Office
  • An important innovation provided for in the latest version of the act is the introduction of restrictions in respect of the value of state aid available for manufacturers of energy from renewable sources. For version 6.1 stipulates that the value of state aid shall be the difference between income from sales of electric energy at the reference price and income from sales of electric energy at the average competitive market price. In the event that this value is exceeded, no state aid will be granted. Furthermore, additional provisions have been introduced in respect of annual indexation of the purchase price for electric energy manufactured from renewable sources, while the provision precluding obtainment of a certificate of origin for electric energy manufactured from renewable sources and sold at a price higher than 105% of the average competitive market price has been removed. According to statements made by representatives of the Ministry of Economy, the draft act has been now given an urgent status, and therefore we can expect it to be soon tabled for debate in the Polish Parliament. Nevertheless, it has to be borne in mind that the provisions of the RES act relating to the new support scheme will enter into effect 12 months after the date of issuance of a positive decision by the European Commission as to conformity of the support provided for in the RES act with the common market, which is estimated to take place in 2016 at the earliest.