We would like to ensure that you are still receiving content that you find useful – please confirm that you would like to continue to receive ILO newsletters.
27 May 2019
Promoting CHP electricity
On 25 January 2019 the Act on Promoting Electricity from High-Efficiency Cogeneration (14 December 2018) entered into force. It establishes support mechanisms for combined heat and power (CHP) installations connected to district heating networks, which will replace the previous support scheme that expired at the end of 2018 and was based essentially on certificates of origin for energy from CHP installations.
The act establishes the following mechanisms for promoting CHP electricity depending on the specific type of CHP unit (ie, the installed capacity of the unit and whether it is new or modernised):
Participation in the abovementioned support mechanisms for CHP electricity requires the parties to obtain permission from the President of Energy Regulatory Office.
As indicated in the explanatory material to the draft act, its aim is to limit the negative environmental impact of energy and heat production by increasing the efficiency of energy carriers and improving energy and heat supply security. The European Commission recognised these objectives as being consistent with the European Union's climate and energy policy and the initiatives that the act proposed as being adequate to achieve these objectives. As a result, on 15 April 2019 a press release was issued stating that the European Commission had approved the scheme to support high-efficiency cogeneration with an annual budget of €500 million and a reduced surcharge to finance the scheme for energy-intensive users.
Decisions concerning support for cogeneration units (Case SA.51192) and reductions in cogeneration surcharges (Case SA.52530) will be made available in non-confidential versions in the State Aid Register on the Directorate-General for Competition website, although the exact date of publication is not yet known.
The decisions will effectively enable the President of Energy Regulatory Office to:
This stems from the fact that the act has suspended the performance of the abovementioned competences of the President of Energy Regulatory Office until the European Commission issues a decision recognising that:
The President of Energy Regulatory Office has stated that its announcements regarding cogeneration support will not be made prior to the European Commission's decisions.
Therefore, it is expected that the President of Energy Regulatory Office will announce the auction for a cogeneration bonus and the call for proposals for an individual cogeneration bonus as well as issuing decisions regarding participation in a given support mechanism in the near future as soon as the implementing acts are issued, which is expected to happen in the second half of the year.
The high-efficiency cogeneration system governed by the act will also depend on the implementing acts to be issued by the Minister of Energy. The following draft regulations were published on 25 April 2019:
Public consultation on the drafts was open until 10 May 2019. Following the consultation, specific terms and conditions for the high-efficiency cogeneration support system will take their final shape, allowing investors to assess the likelihood of gaining support and the anticipated amount of financial aid granted within the framework of the high-efficiency cogeneration support system.
For further information on this topic please contact Aleksandra Kolenda or Kamil Zawicki at Kubas Kos Gałkowski by telephone (+48 22 206 83 00) or email (firstname.lastname@example.org or email@example.com). The Kubas Kos Gałkowski website can be accessed at www.kkg.pl.
The materials contained on this website are for general information purposes only and are subject to the disclaimer.
ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription.