POLAND Law and Practice Contributed by: Tomasz Młodawski, Krzysztof Cichocki, Łukasz Wyszomirski and Krzysztof Fasula, Sołtysiński Kawecki & Szlęzak
urable connection agreements has been introduced, enabling generators and storage operators to connect to the grid on terms that better reflect actual network capacity and allow for the more efficient allocation of available connection headroom. These changes apply across both the transmission system operated by PSE S.A. and the distribution networks operated by the licensed DSOs. In parallel, the amended framework has introduced a range of measures designed to improve the transpar- ency and accessibility of the grid connection process. These include: • additional obligations to disclose information on available connection capacity in relevant grid nodes; • standardised grid connection timelines; and • requirements for system users to timely achieve permitting milestones, to secure the allocated grid connection rights and clearer criteria to assess connection applications. The current regulatory framework imposes restric- tive minimum distance requirements between wind turbines and residential buildings (the so-called “10H rule”, requiring a setback distance equal to ten times the total height of the turbine), which has effectively precluded the development of new onshore wind capacity in many areas of Poland. Legislative propos- als to relax these requirements – potentially reduc- ing the minimum distance to 500 metres subject to local spatial planning conditions – are under active consideration and, if adopted, are expected to unlock substantial additional onshore wind development potential. 1.7 Announcements Regarding New Policies Poland’s most significant announced policy devel- opment is the construction of its first nuclear power plant. The government has selected a site at Choc- zewo in the Pomerania region, and signed an inter- governmental agreement with the United States in November 2023 for the construction of two or three AP1000 reactor units by Westinghouse. The first unit is targeted for commissioning around 2036. Legisla- tion governing nuclear investment is being developed under the auspices of the Atomic Energy Law, and a
dedicated special purpose investment act is antici- pated. In December 2025, the European Commission approved the State aid package dedicated to the first Polish nuclear power plant. Poland has also announced accelerated targets for offshore wind development in the Baltic Sea, with approximately 5.9 GW of offshore wind capacity tar- geted to be operational by 2030 under Phase I of the Offshore Wind Act support system, rising to as much as nearly 18 GW by 2040. The government has also announced its intention to close the remaining coal and lignite-fired power plants progressively, with the current indicative phase-out timeline for hard coal generation extending to 2049, though EU decarboni- sation pressure may accelerate this timeline. Further- more, the government has indicated its intention to seek an extension of the capacity market mechanism beyond 2030, to continue providing investment sig- nals and ensuring generation adequacy during the ongoing energy transition. 1.8 Unique Aspects of the Power Industry The Polish power industry is undergoing deep tech- nological transformation. For decades, coal and lig- nite provided most of the gross electricity generation, making Poland the EU’s largest coal-dependent econ- omy. This stemmed from the availability of domestic coal resources as well as political and social consid- erations related to the mining industry. It also triggered many discussions on the pace of decarbonisation and the coal phase-out. The current transformation is of exceptional depth. Solar PV capacity grew from near-zero in 2016 to over 23 GW of installed capacity by late 2025, mak- ing Poland one of the fastest-growing solar markets in Europe. Onshore wind capacity stands at approxi- mately 11 GW, and the potential liberalisation of the planning framework is expected to drive further sig- nificant additions. The simultaneous development of the first offshore wind projects, a nuclear energy pro- gramme, a substantial battery storage pipeline and a declining coal fleet creates a uniquely complex regula- tory and investment environment. As the share of intermittent renewable energy sources in the generation mix continues to increase, battery
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