POLAND Law and Practice Contributed by: Tomasz Młodawski, Krzysztof Cichocki, Łukasz Wyszomirski and Krzysztof Fasula, Sołtysiński Kawecki & Szlęzak
transmission services is provided on a non-discrimi- natory basis in accordance with the Energy Law and applicable EU network codes. 4.7 Open-Access and Non-Discriminatory Transmission Transmission services in Poland are provided on a non-discriminatory, open access basis under the Energy Law and applicable EU electricity market legislation, including Regulation (EU) 2019/943 and relevant EU network codes. The third-party access principle requires the TSO to provide access to the transmission network to eligible users, subject to sys- tem security and technical and capacity constraints. Access is provided based on the regulated tariff approved by the President of ERO. Access rights are typically acquired through the con- clusion of a grid connection agreement and a trans- mission services agreement, which set out connection conditions, allocated capacity, technical parameters and financial terms for use of the network. Access may only be refused on objective technical grounds, such as insufficient available capacity or sys- tem security considerations, and any refusal must be duly justified in writing. Users may challenge refusals to the President of ERO, who is empowered to decide on the conclusion of the grid connection agreement. 5. Distribution 5.1 Constructing and Operating Electricity Distribution Facilities The construction and operation of the electricity dis- tribution infrastructure in Poland is governed primarily by: • the Energy Law; • the Construction Law; • the Act on Spatial Planning and Land Develop- ment; • the Environmental Protection Law; and • EIA legislation. Unlike the transmission system, which is operated by a single national TSO, distribution networks are oper-
ated by multiple DSOs, with five major licensed DSOs each being responsible for a defined geographic area specified in a distribution licence issued by the Presi- dent of ERO. Energy storage facilities connected to distribution net- works are regulated under the Energy Law. Their legal treatment depends on their technical configuration and whether they are operated as standalone assets or integrated with generation facilities. Furthermore, they are subject to applicable licensing, registration and grid connection requirements, as determined by ERO and the relevant DSO. Recent amendments to the RES Act also provide for collective self-consumption schemes and energy communities, enabling the co-ordinated use of elec- tricity within defined local frameworks connected to the distribution network. The permitting process for electricity distribution infra- structure is generally less complex than for transmis- sion projects, reflecting the lower voltage level and scale of individual assets. Projects meeting statutory thresholds are subject to an environmental impact assessment under EIA leg- islation. The procedure includes mandatory public participation, allowing stakeholders to submit com- ments; public hearings may be held in complex or environmentally sensitive cases. The outcome is an environmental decision setting binding conditions for project implementation. Planning and construction approvals are required under the Construction Law and spatial planning leg- islation. Depending on the scope of works, this may involve a full building permit or a simplified notification procedure for minor works such as cable installation within existing rights of way. The competent administrative authorities (in particular, environmental authorities and local building authori- ties) issue the relevant approvals. The President of ERO does not grant construction permits but regu- 5.2 Regulatory Process for Obtaining Approvals to Construct and Operate Electricity Distribution Facilities
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