PWEA thoroughly read justification to the draft amendments and provisions of the draft amendment to the Environmental Protection Law dated 27 April 2001. Caring for the renewable energy sector we object to the changes insofar as allocation of means from substitution fees and penalties for failing to fulfil the obligation to purchase renewable energy. The changes in the allocation of substitution fees and penalties, referred to in Article 9a.1.2 and Article 9a.8.2 of the Energy Law dated 10 April 1997 (Journal of Laws 2006.89.625, as amended), as well as proceeds from penalties imposed pursuant to Article 56.1.1a of the Act, completely undermines the current, well-operating support scheme for green energy in Poland.
Until now the proceeds collected on the National Fund for Environmental Protection and Water Management’s account could have been used only for supporting development of renewable energy sources and highly efficient cogeneration. The solutions proposed in the amendment will change the principles applied to allocating funds from substitution fees and penalties. Currently, in accordance with Article 401.9 and Article 401.10 of the Environmental Protection Law dated 27 April 2001 these proceeds are used only to support RES and highly efficient cogeneration; whereas in the draft amendment the scheme developed to support RES, if the act is amended, could be used to support various environmental protection purposes (cf. proposed Article 400a), which was not an assumption of authors of the Polish RES support scheme. Bearing in mind EU regulations, contained in Directive 28/2009/EC dated 23 April 2009 one should develop and implement additional tools to secure additional funding to supporting RES development rather than limiting current support schemes. Use of significant NFEPWM’s funds for purposes unrelated to RES is furthermore illegitimate when one takes into account the legislator’s need to be aware of the required targets for the use of energy from renewable sources, imposed on Poland by the new RES Directive (28/2009/EC) – 15% by year 2020. Already today we know that given current growth rate of the use of energy from renewable sources reaching the target will be very difficult. Furthermore, the strategic document “Poland’s Energy Policy until 2030” includes provisions clearly determining the use of proceeds from the substitution fee. In Article 4.2 of the document in question actions for the use of RES include: “direct support to construction of new RES units and power grids allowing for their connection using European funds and environmental protection funds, including proceeds from the substitution fee.”
In the Polish Wind Energy Association’s opinion provisions of Article 400a.1, Article 400a.2 and Article 401c undermine the current support scheme for renewable energy sources despite statements and declarations from the Government about the need to maintain stability of current solutions.
Proceeds generated, inter alia, by the wind energy sector should be allocated to RES support. An additional argument for rejecting the amendment is the fact that the draft lacks unambiguous priorities regulating allocation of such proceeds. This fact inevitably leads to lack of transparency in the law; furthermore, it also leads to subjective decisions concerning the purpose of proceeds generated by the renewable sector.
Having the above arguments in mind, Polish Wind Energy Association object to the changes proposed in the amendment to the Environmental Protection Law dated 27 April 2001 by Article 401.10 and Article 401c.
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