KIELTYKA GLADKOWSKI helps in concluding contracts between prosumers
Such an agreement may be concluded by collective or virtual prosumers.
A collective prosumer is a final recipient producing electricity exclusively from renewable energy sources for his own needs in a renewable energy source installation connected to the electricity distribution network in a place other than the place where electricity is supplied to that recipient.
A virtual prosumer, on the other hand, is a final recipient who produces electricity exclusively from renewable energy sources for his own needs in a micro-installation or a small installation connected to the electricity distribution network via the internal electrical installation of a multi-unit building, in which the consumer’s electricity consumption point is located.
This cannot constitute the overwhelming economic activity of these prosumers.
KIELTYKA GLADKOWSKI helps to understand the prosumers’ settlement process based on the net-billing model
KIELTYKA GLADKOWSKI helps to understand the process of billing the amount of electricity introduced and taken from the grid by a prosumer
It is as complicated process of computing these values as the net-billing model. That is why KIEŁTYKA GŁADKOWSKI offers its help in this area.
KIELTYKA GLADKOWSKI submits and prepares applications for entry in the register of energy producers in a small installation
Such a register is kept by the Polish President of the Energy Regulatory Office. The register of energy producers in a small installation may be kept in the ICT system.
The Act specifies specific elements that must be included in such an application.
The President of the ERO is obliged to enter a producer into the register of energy producers in a small installation within 21 days from the date of receipt of the application for entry.
KIELTYKA GLADKOWSKI draws up and submits appeals against the decision of the President of the ERO to refuse entry in the register
The President of the ERO, by way of a decision, refuses to enter into the register of energy producers in a small installation, if:
This appeal is submitted to the Regional Court in Warsaw – the competition and consumer protection court. The deadline is 14 days from the delivery of the decision.
The President of the Energy Regulatory Office issues a decision prohibiting the producer from pursuing economic activity in the field of small installations in the case when:
1) the manufacturer submits a declaration that is inconsistent with the facts about the non-arrears with the payment of taxes, fees and social security contributions and the compliance with the truth of the data contained in the application and compliance with the conditions contained in the Act;
2) the manufacturer uses false documents;
3) in case of a failure by the manufacturer to remove the violation of the conditions referred to in Art. 9 sec. 1 items 1-3 and 6, within the time limit set by the President of the ERO;
4) breach of the obligations referred to in art. 9 sec. 1 points 4 and 5.
A producer entered in the register of energy producers in a small installation shall inform the President of the ERO in writing about:
– change of data contained in this register,
– termination or suspension of the business activity in the field of small installations
within 14 days from the date of changing this data or from the date of termination or suspension of this activity.
KIELTYKA GLADKOWSKI helps to fulfill the obligations imposed on an energy producer in a small installation.
Such duties include, among others:
– having legal titles (e.g. ownership deed, lease agreement) to a small installation and construction facilities where such activity will be performed;
– having documentation on the total amount of electricity, sold and used fuels to generate electricity in a small installation and the type of these fuels;
– having documentation confirming the date of first generation of electricity in a small installation or its production after the modernization of this installation and the date of completion of its modernization;
– submitting semi-annual reports to the President of the ERO by the end of the month following the end of the six months;
– providing the President of the ERO with specific information within 30 days from the date of first generation of electricity in a small installation or its production after the modernization of this installation and from the date of completion of its modernization.
KIELTYKA GLADKOWSKI helps clients fulfill the prosumer information obligations towards the electricity distribution operator
KIELTYKA GLADKOWSKI submits and prepares applications for entry in the register of agricultural biogas producers
Such a register is kept by the General Director of the National Center for Agricultural Support.
The register of agricultural biogas producers may be kept in the ICT system.
The application must contain elements specified in the law.
The Director General of the National Center for Agricultural Support is obliged to enter the producer into the register of agricultural biogas producers within 7 days from the date of receipt of the application.
The Director General of the National Center for Agricultural Support issues a decision on the prohibition of the producer from pursuing economic activity in the field of agricultural biogas in the case when:
– the producer submits an inconsistent declaration of non-arrears with the payment of taxes, fees and social security contributions and the incompliance with the truth of the data contained in the application and incompliance with the conditions contained in the Act;
– the use of false documents by the manufacturer;
– failure by the manufacturer to remedy violations of conditions within the time limit set by the Director General of the National Center for Agricultural Support;
– breach of the obligations referred to in art. 25 points 3-5 of the Act.
KIELTYKA GLADKOWSKI draws up and submits applications regarding changes to the entry in the register to the Director General of the National Center for Agricultural Support
The producer entered in the register of agricultural biogas producers informs the General Director of the National Center for Agricultural Support in writing about:
1) change of data contained in this register,
2) termination or suspension of economic activity in the field of agricultural biogas
– within 14 days from the date of changing this data or from the date of termination or suspension of this activity.
KIELTYKA GLADKOWSKI helps to fulfill the obligations imposed on the producer of agricultural biogas
Such duties include, among others:
– possession of a document confirming the legal title to construction facilities in which economic activity in the field of agricultural biogas will be carried out;
– keeping documentation on the quantity and type of all substrates used to produce agricultural biogas, the total amount of agricultural biogas produced, the amount of electricity generated and sold from agricultural biogas, the amount of by-product resulting from the production of agricultural biogas, the amount of agricultural biogas purchased and the information about the entity from which agricultural biogas was purchased;
– possession of documentation confirming the date of first generation of electricity from agricultural biogas or agricultural biogas in a given renewable energy source installation or the date of modernization of this installation;
– submission of quarterly reports containing certain information to the Director General of the National Center for Agricultural Support within 45 days.
KIELTYKA GLADKOWSKI draws up and submits applications for an agricultural biogas certificate of origin
The application must contain elements specified in the act. It must be submitted within 45 days after the cessation of activities.
The application for an agricultural biogas certificate of origin shall be submitted to the operator of the gas distribution system in whose area of operation there is a renewable energy source installation specified in the application.
This application is considered and issued by the President of the ERO.
The register of certificates of origin or agricultural biogas certificates of origin is kept by an entity operating a commodity exchange or a regulated market on the territory of Poland, which organizes trading in property rights resulting from certificates of origin.
An energy company, end user, industrial customer, commodity brokerage house and brokerage house must have such a certificate. Then they have to submit a certificate of origin or a certificate of origin for agricultural biogas to the President of the ERO for cancellation.
KIELTYKA GLADKOWSKI drafts and submits complaints against the refusal to issue a certificate of origin for agricultural biogas
The President of the ERO refuses, by way of a decision, to issue a certificate of origin or a certificate of origin for agricultural biogas, if:
1) certain conditions have not been met;
2) the application for a certificate of origin or an application for a certificate of origin for agricultural biogas was submitted after the deadline.
KIELTYKA GLADKOWSKI draws up contracts for the provision of distribution services
The electricity distribution system operator with which the energy cluster intends to cooperate is obliged to conclude a contract for the provision of distribution services with the coordinator of the energy cluster.
An energy cluster is a civil law agreement for the generation and balancing of demand, distribution or trade in energy from renewable energy sources or from other sources or fuels, within a distribution network with a rated voltage of less than 110 kV, in the area of the cluster operation not exceeding the boundaries of one poviat. The cluster is represented by the coordinator.
The area of operation of an energy cluster is determined on the basis of the connection points of producers and consumers of energy being members of the cluster.
KIELTYKA GLADKOWSKI helps in fulfilling the information obligations of the industrial recipient
The industrial recipient is required to submit the following statements:
– confirming the performance of economic activity marked with the codes of the Polish Classification of Activities (Polish PKD);
– the amount of electricity consumed and the amount of electricity purchased for personal use in the calendar year preceding the year in which the obligation is fulfilled;
– value of the intensity of electricity consumption;
– the amount of electricity constituting the basis for the calculation of the RES fee and the cogeneration fee.
The industrial recipient is also obliged to provide the President of the ERO with information about:
a) the amount of electricity purchased for personal use in the year of the obligation fulfillment,
b) meeting the conditions of the Act of December 14, 2018 on the promotion of electricity from high-efficiency cogeneration.
Producers of electricity or heat generated in renewable energy installations that use energy carriers and other fuels in the energy production process, use metering and billing devices that enable the measurement and registration of the amount of electricity or heat generated.
KIELTYKA GLADKOWSKI assists Clients in drawing up contracts for the sale of unused electricity
KIELTYKA GLADKOWSKI draws up and submits applications for a certificate to be issued by the President of the ERO on the amount of unused energy
This certificate confirms the amount of unused energy that the producer of this energy can offer.
KIELTYKA GLADKOWSKI assists Clients in drafting and filing complaints about the control activities of the Energy Regulatory Office
The President of the Polish Energy Regulatory Office has the right to carry out an audit of compliance with the actual state of the information provided and declarations submitted.
The inspection is carried out by employees of the Energy Regulatory Office on the basis of a written authorization from the President of the ERO, and in the case of inspections at the generator’s premises or at the place of business activity, also upon presentation of an official ID card.
The President of the ERO may authorize another administrative body specialized in the control of a given type of economic activity to carry out an inspection.
Persons authorized to carry out the inspection are entitled to:
– entry to real estate, facilities, premises or their parts belonging to a producer of electricity generated in a renewable energy source installation, who won the auction;
– demand oral or written explanations, presentation of documents or data contained on other information carriers related to the subject of the inspection, and making them available.
A protocol is prepared from the conducted inspection, containing an assessment of compliance with the actual state of the information provided and declarations submitted.
If, as a result of the inspection, the information provided and submitted in the declarations is found to be inconsistent with the facts, the President of the ERO shall, within 30 days from the date of completion of the inspection, issue a decision on the impossibility of qualifying the amount of electricity in question as electricity produced from renewable energy sources in a renewable energy source installation.
The President of the ERO provides the relevant obligated seller with information about the decision.
The complaint shall be lodged within 7 days from the date of delivery of the decision to the Regional Court in Warsaw – competition and consumer protection court.
Energy company dealing in the area of a given heating network with heat trading or heat production and its sale to end users purchases the offered heat produced in the installations connected to this network:
1) thermal treatment of waste,
2) renewable energy source, other than thermal waste conversion installation, produced from renewable energy sources, excluding heat generated in multi-fuel combustion installations other than useful heat produced in high-efficiency cogeneration
– in an amount not greater than the demand of end users of this enterprise connected to this network.
KIELTYKA GLADKOWSKI provides assistance in drawing up and submitting applications for a guarantee of origin
The guarantee of origin of electricity generated from renewable energy sources in renewable energy source installations is the only document certifying the end user of the environmental values resulting from the avoided greenhouse gas emissions and that the amount of electricity specified in this document introduced into the distribution network or transmission network was produced from renewable sources energy in renewable energy installations. Such a guarantee is issued in electronic form.
The application for a guarantee of origin shall be submitted to the electricity distribution system operator or the electricity transmission system operator in whose area of operation a renewable energy source installation has been connected, within 30 days from the date of completion of the generation of a given amount of electricity covered by the application.
The President of the ERO, upon a written request of the entity, recognizes a guarantee of origin issued in another Member State of the European Union, the Swiss Confederation or a member state of the European Free Trade Association (EFTA) – a party to the Agreement on the European Economic Area or a member state of the Energy Community.
The guarantee of origin register is kept by an entity operating a commodity exchange or a regulated market in Poland, which organizes trading in guarantees of origin.
KIELTYKA GLADKOWSKI assists in preparing and submitting complaints against the refusal to issue or recognize a guarantee of origin
The President of the ERO refuses to:
1) issue a guarantee of origin – if the application for a guarantee of origin has been submitted to the electricity distribution system operator or the electricity transmission system operator after the specified deadline;
2) recognize a guarantee of origin in the event of doubts as to the reliability or authenticity of the guarantee.
The complaint shall be lodged with the Regional Court in Warsaw – the court of competition and consumer protection, within 7 days from the date of delivery of the decision.
KIELTYKA GLADKOWSKI assists in drawing up and submitting applications for connecting the offshore wind farm to the grid
For such an application, relevant documents must be submitted as attachments. These are, among others, a permit for the construction or use of artificial islands, structures and devices in Polish sea areas for an offshore wind farm, confirming the admissibility of locating a given source in the area covered by the planned investment.
KIELTYKA GLADKOWSKI advises on what conditions must be met for the connection to take place. Our law firm also prepares information for Clients about the conditions that must be met by the metering and billing systems that enable the determination of the amount of electricity generated and fed into the grid in individual imbalance settlement periods, and the systems enabling the determination of the amount of electricity that was not generated in the offshore wind farm as a result of operational orders of this operator.
In order to sell a wind farm, it is first necessary to inform the transmission system operator about this fact, about the essential elements of this regulation, in particular about the price or value of the service.
Within one month from the date of receipt of the notification, the transmission system operator may submit to the owner of the set of devices a declaration of intention to purchase a set of devices for power evacuation. This entity can also ask the owner to start negotiations.
This is the basis for starting negotiations on the content of the contract for the sale of this set of devices to the transmission system operator. The owner provides the transmission system operator with the information necessary to define the content of the contract for the sale of a set of equipment for evacuation to him, in particular the price.
In the application, the applicant indicates the provisions of the draft contract that were agreed during the negotiations, and provides information and documents at his disposal, including technical and financial reports and expert opinions, helpful for the determination of the content of the contract by the President of the ERO. The President of the ERO informs the other party to the negotiations about the receipt of the application and provides them with the provisions of the draft agreement, information and documents.
The President of the ERO has the right to demand that the owner of the equipment set and the transmission system operator provide any additional information and documents necessary to determine the content of the contract, setting a deadline for their submission no longer than 30 days.
The President of the ERO determines the content of the contract by way of a decision. Only the owner of the set of equipment and the transmission system operator are the parties to the proceedings to issue this decision.
On the day the ownership of a set of devices used to evacuate power is transferred to the transmission system operator, this set of devices becomes part of the transmission network.
KIELTYKA GLADKOWSKI assists Clients in drafting and submitting applications to the President of the ERO in order to consent to the transfer of the ownership of the offshore wind farm to the buyer
Before concluding the contract for the transfer of ownership of the offshore wind farm, the producer transferring the ownership and the buyer of the offshore wind farm apply to the President of the ERO.
For this to happen, a number of statutory requirements must be met.
In the event of consent to the transfer of rights and obligations, they are transferred to the buyer of the offshore wind farm on the day of its acquisition.
The producer transferring the ownership of the offshore wind farm and its buyer submit to the President of the ERO a consistent declaration on the date of transfer of the ownership of the offshore wind farm within 7 days from the date of transfer of ownership of this wind farm.
KIELTYKA GLADKOWSKI draws up and submits reservations to the control activities of the Energy Regulatory Office
The President of the ERO may check compliance with the facts of the submitted declarations and the information provided.
The inspection is carried out by employees of the Energy Regulatory Office on the basis of a written authorization from the President of the ERO, and in the case of an inspection at the producer’s premises or at the place where he conducts business activity, also upon presentation of an official ID card.
The President of the ERO may authorize another administrative body specialized in the control of a given type of economic activity to carry out an inspection.
Persons authorized to carry out the inspection are entitled to:
– access to real estate, facilities, premises or their parts belonging to producers;
– demand oral or written explanations, presentation of documents or data contained on other information carriers related to the subject of the inspection, and making them available.
A protocol is prepared from the conducted inspection, containing an assessment of compliance with the actual state of the statements and information provided.
KIELTYKA GLADKOWSKI assists in drafting and submitting appeals against decisions or complaints against the orders of the President of the ERO
Decisions of the President of the ERO issued pursuant to the Act may be appealed against to the Regional Court in Warsaw – the court of competition and consumer protection within 14 days from the date of delivery of the decision.
The order of the President of the ERO issued under the Act may be appealed against to the same court within 7 days from the date of delivery of the decision.
KIELTYKA GLADKOWSKI assists Clients in drafting and submitting complaints to administrative courts against decisions subject to immediate execution
KIELTYKA GLADKOWSKI provides legal advice on the construction, operation and decommissioning of offshore wind farms
The procedures for these projects are extensively complicated, they require good understanding and precision as well as expertise. Therefore, KIELTYKA GLADKOWSKI offers its help in this area, particularly to international Clients operating in Poland.
– Act of February 20, 2015 on renewable energy sources (Journal of Laws of 2022, item 1378);
– Act of 17 December 2020 on promoting electricity generation in offshore wind farms (Journal of Laws of 2022, item 1050);
– Act of April 10, 1997 Energy Law (Journal of Laws of 2022, item 1385, 1723);
– Directive of October 25, 2012, No. 2012/27/EU on energy efficiency, amendments to Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (Journal Of Laws UE No. L 315/1);
– Regulation of September 27, 2022 on the maximum amounts and values of electricity from renewable energy sources that may be sold by auction in each consecutive calendar years 2022-2027 (Journal of Laws of 2022, item 2085);
– Ordinance of 23 March 2022 on registration, balancing and sharing of measurement data and settlement of energy cooperatives (Journal of Laws of 2022, item 703);
– Regulation of 30 November 2021 on the application form for entry in the register of energy producers in a small installation (Journal of Laws of 2021, item 2281);
– Ordinance of 27 August 2020 on the method of calculating the intensity of electricity consumption by industrial consumers (Journal of Laws of 2020, item 1485);
– Regulation of February 25, 2020 on the detailed conditions for granting accreditation to organizers of training in the field of renewable energy sources as well as training and examinations for persons applying for the issuance or extension of the certificate validity (Journal of Laws of 2020, item 348);
– Regulation of 2 August 2019 on the template of a quarterly report of an energy producer in a small installation (Journal of Laws of 2019, item 1512);
– Regulation of 3 December 2018 on reducing the minimum weight share of biomass of agricultural origin in the total weight share of biomass (Journal of Laws of 2018, item 2279);
– Regulation of August 7, 2018 on the requirements for the method of calculating, measuring and recording the amount of electricity or heat generated in renewable energy installations (Journal of Laws of 2018, item 1596);
– Ordinance of 18 May 2017 on the detailed scope of the obligation and technical conditions for the purchase of heat from renewable energy sources and the conditions for connecting the installation to the grid (Journal of Laws of 2017, item 1084);
– Ordinance of May 18, 2017 on the amount and method of payment of fees for conducting the exam, issuing a certificate, extending its validity and granting accreditation (Journal of Laws of 2017, item 1038);
– Ordinance of 25 May 2022 on detailed requirements for elements of a set of devices used for power evacuation and for elements of power stations located at sea (Journal of Laws of 2022, item 1257);
– Ordinance of December 15, 2021. on the template of reports on the implementation of the supply chain plan for materials and services (Journal of Laws of 2021, item 2385);
– Ordinance of March 30, 2021 on the maximum price for electricity generated in an offshore wind farm and fed into the grid in PLN per 1 MWh, which is the basis for the settlement of the right to cover the negative balance (Journal of Laws of 2021, item 587).
