POLAND Law and Practice Contributed by: Tomasz Młodawski, Krzysztof Cichocki, Łukasz Wyszomirski and Krzysztof Fasula, Sołtysiński Kawecki & Szlęzak
• the submission of a connection application; • the determination of connection condition; • the conclusion of a connection agreement; and • the execution of connection works. In practice, obtaining connection conditions has pre- sented considerable difficulties for renewable energy developers in recent years, primarily as a result of the high volume of connection applications driven by the rapid expansion of solar PV, battery storage and data centres. Recent amendments to the Energy Law are expected to introduce improvements to the connec- tion process, and may alleviate some of these difficul- ties in due course. 3.3 Approvals to Construct and Operate Generation Facilities Conditions Attached to Permits and Licences Each of the principal approvals required for a genera- tion facility carries its own set of binding conditions. Construction permits typically impose conditions relating to: • compliance with the approved building design; • construction supervision requirements; • obligations to notify the competent authority at key stages of the construction process; and • the requirement to pass a final technical inspection prior to commissioning. They also include requirements relating to structural safety, fire protection and compliance with applicable technical standards. Environmental decisions impose conditions relating to the mitigation of environmental impacts arising from the construction and operation of the facility. These typically include: • limits on noise emissions; • the protection of habitats and biodiversity; • construction methodology requirements; • monitoring and reporting obligations; and • waste management conditions. Generation licences issued by the President of ERO include conditions specifying:
• the scope of the licensed activity and identification of the generating assets covered; • the minimum technical, financial and organisational standards that the licensee must maintain through- out the licence period; • reporting obligations to the President of ERO; and • requirements to comply with applicable technical standards and grid codes. For installations participating in support schemes, additional conditions may apply, reflecting the relevant support mechanism, such as auction-based support under the RES framework or the CfD mechanism under the Offshore Wind Energy Act. Amendments Modifications to a generation facility that affect the substance of an existing permit or licence must be cleared with the relevant authority. Material changes to a project’s environmental conditions (eg, changes to turbine height, installed capacity or facility layout) typically require an amendment to the environmental decision, and may trigger a requirement for a new or updated environmental impact assessment proce- dure, including public participation. Changes to the scope of generation activities or licensed capacity require a formal amendment to the generation licence issued by the President of ERO. These amendments are made by way of an admin- istrative decision issued by the competent author- ity. These changes may also require corresponding adjustments to the grid connection arrangements with the relevant system operator – the TSO or the appli- cable DSO, as the case may be. Minor or non-material modifications that do not affect the substance of existing approvals may be pro- cessed under simplified administrative procedures with shorter timelines. 3.4 Eminent Domain, Condemnation and Expropriation Rights to Construct and Operate Generation Facilities Polish law does not grant electricity generation devel- opers a general right of expropriation or compulsory acquisition over private land. As a general rule, land rights must be secured on a voluntary basis, typically
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