energy | In Principle

On 13 April 2023, an amendment to the Nuclear Special Act entered into force. After a legislative process lasting almost two years, the prior rules for development of nuclear facilities in Poland were revised, along with changes to the Atomic Law.

Hydrogen has long been mentioned in EU strategies as a key resource for the energy transition. But so far a major obstacle has been the high cost of producing renewable hydrogen. This is likely to change with Ursula von der Leyen’s initiative to establish a European Hydrogen Bank, announced on 14 September 2022 during the 2022 State of the Union address and outlined in concrete plans in March 2023.

On 13 March 2023, the President of Poland signed an amendment to the “10H Act,” setting the minimum distance of a wind power plant from residential buildings at 700 metres (over calls by power generators, industry organisations and many local governments that it should be 500 m). This means that the years-long struggle to liberalise the infamous “10H rule” has been half-successful.

The end of last year abounded in new regulations in Poland governing the electricity market. There was also a lot of talk about the need to amend questionable regulations. But the changes are so numerous it is hard to predict their ultimate impact on the market and specific market participants. This is particularly evident in the case of generators of power from renewable energy sources benefiting from the auction support system.

On the Polish energy market, the recent months will be remembered for many reasons. Historically high electricity and natural gas prices have forced changes to a number of established practices. During the crisis, several mechanisms have been created to mitigate its effects—primarily high utility prices. Among other things, a cap on the price of electricity sold to selected end users is being introduced. We now briefly examine whether the Act on Emergency Measures to Restrict Electricity Prices and Support Certain Consumers in 2023 is likely to live up to its name.

On 21 October 2022, a draft act to amend the Energy Law and certain other acts was published on the website of the Government Legislation Centre, implementing the Polish Hydrogen Strategy. The proposal aims to create a stable regulatory environment for the hydrogen market in Poland.

The situation on the energy market has never been so dynamic. Many claim that high energy prices will not allow economic growth to be sustained, and will lower consumers’ standard of living. It would seem that at least generators of electricity from renewable energy sources are happy about the higher energy prices on the market, as they can sell power for more while keeping production costs relatively low. But when these producers participate in the RES auction support system, their situation becomes more complicated than it might seem at first glance.

In Poland, public opinion and the private sector agree that faster development of renewables is needed to free the country from dependence on fossil fuel imports, and to reduce domestic coal-fired generation. The private sector has funds to develop renewable energy, for its own use or to sell to the market. And no one needs to be persuaded that the current high energy prices will reduce the competitiveness of the Polish economy over time. So the will and the funds are there. But the barrier is connecting renewable energy sources to the grid, which is simply losing its capacity.

The first draft of the regulation on the maximum amount and value of electricity from renewable energy sources that may be auctioned in calendar years 2022–2027 in Poland was published on 5 July 2022. It is the first time such a regulation covers six consecutive years. This follows from the amendment to the Renewable Energy Sources Act spurred by industry voices asserting that announcing these values further in advance would allow developers to better prepare for the auction and thus offer more competitive prices.

In recent months, the wind power sector in Poland has observed the progress of work on a bill to amend the Wind Energy Investment Act and certain other laws. It is much-awaited by the industry, due to the stringent “10H rule” still in force. On 15 June 2022, the Minister of Climate and Environment submitted the bill to the government’s Legal Committee.

2021 witnessed a record increase in wholesale energy prices (in Poland, by almost 100%) and prices for EU ETS emission allowances (by about 105% compared to 2020). Additionally, a sharp increase in natural gas market prices (in Poland, by 470% compared to 2020) has made energy poverty a common phenomenon in Europe. The European Union has presented a set of tools to temporarily mitigate the effects of rising energy prices. However, the events of recent months, in particular Russia’s full-scale invasion on Ukraine, have shown that alongside the green transition, the EU’s priority should be to become less dependent on Russian fossil fuels.
2021 witnessed a record increase in wholesale energy prices (in Poland, by almost 100%) and prices for EU ETS emission allowances (by about 105% compared to 2020). Additionally, a sharp increase in natural gas market prices (in Poland, by 470% compared to 2020) has made energy poverty a common phenomenon in Europe. The European Union has presented a set of tools to temporarily mitigate the effects of rising energy prices. However, the events of recent months, in particular Russia’s full-scale invasion on Ukraine, have shown that alongside the green transition, the EU’s priority should be to become less dependent on Russian fossil fuels.

Companies’ increased interest in offshore wind energy makes the legal regulations in this area a subject of interest for the parliament, which is trying to upgrade the regulations. The latest changes are intended to ensure safety during construction and operation of offshore wind farms.