REGULATORY LAW OF THE ENERGY SECTOR IN POLAND

The principles of shaping the state’s energy policy mean that the cross-border operational activity of foreign entities from the energy sector operating in Poland is subject to particularly deep and extensive regulation by sectoral regulatory law and the Polish government administration related to energy management in Poland within the regulated market of the European Union.

The aim of KIELTYKA GLADKOWSKI is to advise foreign entities on the basis of:

– rules creating conditions for the sustainable development of the Polish energy sector,

– legal provisions created to ensure energy security, economical and rational use of fuels and energy,

– regulatory law for the development of competition, counteracting the negative effects of natural monopolies,

– rules for taking into account environmental protection requirements,

– legal principles of obligations arising from international agreements and balancing the interests of energy companies and fuel and energy consumers.

KIELTYKA GLADKOWSKI has experience in assisting Clients operating in the field of:

1 / converted energy sector in any form;

2 / thermal energy in hot water, steam or other media;

3 / solid, liquid and gaseous fuels that are carriers of chemical energy.

KIELTYKA GLADKOWSKI advises foreign entities operating in Poland and on the European Union market in relation to legal matters concerning:

– distribution,

– turnover,

– reserve sales,

– energy processes,

– energy market processes,

– engineering processes of storage and transshipment installations,

– electricity storage;

– distribution and transmission networks,

– import and export of liquid fuels,

– tasks and obligations of energy companies,

– electricity and gas derivatives treated as financial instruments,

– installations of renewable energy sources.

In particular, investors and companies related to the international fuel and energy sector receive legal support from KIELTYKA GLADKOWSKI regarding the principles and conditions for the supply and use of fuels and energy, including heat, and the activities of energy enterprises. Our law firm offers representation and protection of the interests of foreign entities before the authorities competent in fuel and energy management issues, particularly regarding:

• proceedings before the President of the Energy Regulatory Office;
• sales contracts and contracts for the provision of transmission or distribution services;
• sales contracts, contracts for the provision of transmission or distribution services and contracts for the provision of gas fuel storage services or contracts for the provision of gas liquefaction services;
• the legality of storing data on contracts concluded with the transmission system operators, distribution system operators, gaseous fuel storage system operators or natural gas liquefaction system operators, as well as data on gas derivatives and gas fuel sales contracts concluded with energy companies conducting business in the field of gas fuel trading;
• the proceedings in which the Polish President of the Energy Regulatory Office has the right to access the accounting books of the energy company and the importing entity as well as access the information on the economic activity performed by the energy company, including information on its investment projects, in compliance with the provisions on the protection of classified information and other legally protected information;
• procedures for granting a concession or a promise; legal matters relating to the amendment, withdrawal, as well as extension of a licence to perform economic activity in the field of fuel or energy production, energy and fuel storage, gas liquefaction, transmission or distribution of fuels or energy, fuel or energy trading;
• application for entry in the register of fuel importers, amendment of the entry or deletion from such register;
• tariff approval procedures and legal services in tariff approval proceedings;
• procedures for confirming the qualifications of a person involved in the operation of the network, devices and installations;
• legal procedures for exempting an enterprise from the obligation to provide transmission, distribution or storage services for fuels or energy;
• legal procedures for the temporary release from certain obligations of an energy undertaking that is part of a vertically integrated undertaking;
• an application for the appointment of a gas distribution system operator on its network, prior to the change of destination of a direct gas pipeline or a network of upstream gas pipelines, if the decision to appoint a gas distribution system operator needs to be changed;
• legal proceedings for granting a certificate of independence;
• legal issues and interpretation of the provisions of the energy law regarding refusal to provide services due to the customer not being recognized as authorized to choose a seller in one of the two European Union Member States or EFTA Member States;
• we also prepare comprehensive contracts within energy law.

In the field of energy law, these will primarily be the following contracts:

• electricity sales;
• fuel sales;
• for the supply of gaseous fuels or energy;
• contracts for the provision of transmission or distribution services for fuels or energy;
• fuel storage contracts;
• connection contracts;

KIELTYKA GLADKOWSKI provides legal support to energy recipients, in particular in the field of:

• application for energy allowance;
• a request for an up-to-date list of vendors by the distribution system operator;

• application for dispute resolution by the Negotiation Coordinator or by the President of the Energy Regulatory Office;

• application for the installation of a pre-payment measurement and billing system;

• application for the definition of conditions for connection to the network;

• application for a declaration on the provision of gaseous fuels or energy and the conditions for connecting the building to the network;

• requests for reservations and comments on the heat supply plan;

• application for control of compliance with the quality parameters of gaseous fuels and electricity;

• request for the application of a support program for outstanding and ongoing bills for electricity or gaseous fuels or services rendered;

• complaints regarding the supply of fuels or energy.

KIELTYKA GLADKOWSKI acts in matters of energy law in the following legal environment:

The basic act of Polish energy law is the Polish Act of April 10, 1997 – Energy Law (uniform text Journal of Laws of 2022, item 1385 as amended); including over 100 acts amending this legal act of the Polish energy regulatory law;

Moreover, our law firm advises on the basis of about 14.5 thousand executive acts which are applicable to cases conducted by KIELTYKA GLADKOWSKI as part of cases conducted for our foreign clients, namely acts including the following Polish government regulations:

Identification of economic cost-benefit analysis methods and data or data sources for the purpose of that analysis (Journal of Laws of 2022,1411 | Regulation of 1 July 2022);

Detailed rules for confirming qualifications of persons involved in the operation of devices, installations and networks (Journal of Laws of 2022,1392 | Regulation of 1 July 2022);

Measuring system (Journal of Laws of 2022, 788 | Regulation of March 22, 2022);

Energy market processes (Journal of Laws of 2022, 234 | Regulation of January 10, 2022);

Specimen declarations made by customers of gaseous fuels on the intended use of gaseous fuel in order to benefit from special solutions in connection with the situation on the gas market (Journal of Laws 2022, 212 | Regulation of January 28, 2022);

Technical requirements, conditions for connection and cooperation of micro-installations with the power system (Journal of Laws 2021, 2343 | Regulation of November 30, 2021);

A detailed list of liquid fuels whose production, storage or transhipment, transmission or distribution, trade, including foreign trade, requires a license and the import of which requires an entry in the register of importers (Journal of Laws 2021, 2336 uniform text | Regulation of November 27, 2019);

Conditions for determining the technical feasibility and profitability of using heat meters, heat cost allocators and water meters for measuring domestic hot water, conditions for selecting the method of accounting for heat purchase costs and the scope of information contained in individual settlements (Journal of Laws 2021, 2273 | Regulation of December 7, 2021);

Detailed rules and procedure for introducing restrictions on the sale of solid fuels and the supply and consumption of electricity or heat (Journal of Laws 2021, 2209 | Regulation of November 8, 2021);

Electricity storage register (Journal of Laws 2021, 2010 | Regulation of October 21, 2021);

Concession fee (Journal of Laws 2021, 1938 | Regulation of October 12, 2021);

Detailed rules for shaping and calculating tariffs and settlements in gas fuel trading (Journal of Laws 2021, 280 consolidated text | Regulation of 15 March 2018 | consolidated text);

Amendment of the regulation on the detailed principles of shaping and calculating tariffs and settlements in electricity trading (Journal of Laws 2020, 2053 | Regulation of 13 November 2020);

Amendment of the regulation on the detailed conditions for the operation of the electricity system (Journal of Laws 2020, 2026 | Regulation of November 11, 2020);

Detailed rules for shaping and calculating tariffs and settlements for heat supply (Journal of Laws 2020, 718 | Regulation of April 7, 2020).

Moreover, KIELTYKA GLADKOWSKI advises on the basis of the acts implemented into the Polish legal system, including acts still partially applicable despite the change in European Union law in cases of pending proceedings:

Directive 2019/944 on common rules for the internal market in electricity and amending Directive 2012/27 / EU (recast) OJ EU.L.2019.158.125 | Directive of 5 June 2019;

Directive 2009/31 / EC on the geological storage of carbon dioxide and amending Council Directive 85/337 / EEC, European Parliament and Council Directives 2000/60 / EC, 2001/80 / EC, 2004/35 / EC, 2006/12 / EC, 2008/1 / EC and Regulation (EC) No 1013/2006 OJ EUL.2009.140.114 | Directive of 23 April 2009;

Directive 2009/28 / EC on the promotion of the use of energy from renewable sources amending and subsequently repealing Directives 2001/77 / EC and 2003/30 / EC OJ EU.L.2009.140.16 | Directive of 23 April 2009;

Directive 2001/77 / EC on the promotion of electricity produced from renewable energy sources in the internal market OJ EU.L.2001.283.33 | Directive of September 27, 2001;

Directive 98/30 / EC concerning common rules for the internal market in natural gas OJ EU.L.1998.204.1 | Directive of June 22, 1998;

Directive 96/92 / EC concerning common rules for the internal market in electricity OJ EU.L.1997.27.20 | Directive of 19 December 1996;

Directive 91/296 / EEC on the transmission of natural gas over the networks OJ EU.L.1991.147.37 | Directive of 31 May 1991;

Directive 90/547 / EEC on the transmission of electricity through transmission networks OJ EU.L.1990.313.30 | Directive of October 29, 1990.