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Decisions approving expert assessments and plans concerning maritime navigation safety, personnel safety, and marine environmental protection

Pursuant to Article 113a(2) of the Maritime Safety Act, an offshore wind farm together with its associated power evacuation infrastructure shall be constructed taking into account:
  1. compliance with the obtained location permits and the environmental decision;
  2. maritime navigation safety;
  3. safety of personnel involved in the construction, operation, and decommissioning of the offshore wind farm;
  4. functioning of communication systems, maritime safety systems, state border protection at sea, and national defence;
  5. protection of the marine environment.
To meet the requirements referred to in points 2, 3, and 5 above, the energy producer is obliged to provide:
  • a navigation expert assessment evaluating the impact of the offshore wind farm and associated infrastructure on the safety and efficiency of vessel navigation in Polish maritime areas;
  • a technical expert assessment evaluating the impact of the offshore wind farm and associated infrastructure on Polish sea areas A1 and A2 of the Global Maritime Distress and Safety System (GMDSS) and the Operational Communication System of the Maritime Search and Rescue Service;
  • a technical expert assessment evaluating the impact of the offshore wind farm and associated infrastructure on the National Maritime Safety System;
  • a rescue plan specifying types of threats to the health and life of personnel involved in the construction, operation, and decommissioning of the offshore wind farm and associated infrastructure, procedures and actions in case of such threats, and the resources and means provided by the producer to implement the rescue plan;
  • a hazard and pollution response plan for the offshore wind farm and associated infrastructure.
These expert assessments and plans are approved by way of a decision issued by the director of the maritime office in whose jurisdiction the majority of the offshore wind farm or associated infrastructure is located.

Purpose of the expert assessments and plans

The primary objectives are to define methods and means to mitigate the negative impact of the offshore wind farm and its power evacuation infrastructure on the safety and efficiency of vessel navigation in Polish maritime areas, and on the functioning of the following systems: the Global Maritime Distress and Safety System (GMDSS), the Operational Communication System of the Maritime Search and Rescue Service, and the National Maritime Safety System.

When is the approval of expert assessments and plans required?

Approval decisions for expert assessments and plans must be obtained prior to submitting an application for a building permit for the offshore wind farm and its power evacuation infrastructure.

Elements of the application for approval of expert assessments and plans

The application should include:
  • identification of the applicant along with address details;
  • specification of the request, i.e. approval of the expert assessment detailed in the application;
  • proof of payment of the stamp duty;
  • if the application is submitted by a proxy – the power of attorney along with proof of payment of the stamp duty for the proxy.
The expert assessment must be attached to the application. The detailed content of the expert assessments and plans is specified in:
  1. Annexes 1, 2, and 3 to the Regulation of the Minister of Infrastructure of 15 December 2021 on navigation and technical expert assessments for offshore wind farms and associated infrastructure;
  2. Annexes 1 and 2 to the Regulation of the Minister of Infrastructure of 15 December 2021 on the rescue plan and the hazard and pollution response plan for offshore wind farms and associated infrastructure.
Expert assessments and plans must be prepared by individuals with qualifications and documented experience in navigation, communication, or marine environmental protection, as appropriate.

The process

Applications for approval of expert assessments and plans are submitted to the director of the maritime office competent for the investment area. The director reviews the applications both formally and substantively.

Additionally, the director is required to seek opinions from:

  • the Director of the Maritime Search and Rescue Service for the expert assessments and plans referred to in points 1–2 above;

  • the Chief Inspector of Marine Fisheries for the expert assessment referred to in point 1 above.

These opinions must be issued within 60 days from the date the expert assessment or plan is submitted by the investor. Failure to issue an opinion within this timeframe is considered as no objections.

Duration of the process

Up to 3 months from the date the investor submits the application for approval of expert assessments and plans.

Authority competent for the approval of expert assessments and plans

The expert assessments and plans listed above, as well as their updates, are approved by the director of the maritime office in whose jurisdiction the majority of the offshore wind farm or associated infrastructure is located.

Validity period of expert assessments and plans

  • The navigation expert assessment (point 1) is valid indefinitely.
  • The technical expert assessments (points 2 and 3) are also valid indefinitely; however, the investor must submit documentation to the maritime office director 60 days prior to the planned date of first electricity generation to verify the correctness of the assumptions and conclusions in the assessments. Measurements and tests for this verification must be conducted no later than 90 days before the planned date of first electricity generation.
  • The rescue plan and hazard/pollution response plan (points 4 and 5) are valid for a maximum of 5 years. According to the Maritime Safety Act, the investor is required to update these plans at least every 5 years. Updates are made by way of an administrative decision.

What is the fee for the approval of expert assessments and plans?

The fee for approval is:
  • Navigation expert assessment – PLN 4,000;
  • Technical expert assessment (GMDSS and Operational Communication System) – PLN 4,000;
  • Technical expert assessment (National Maritime Safety System) – PLN 4,000;
  • Rescue plan – PLN 4,000;
  • Hazard and pollution response plan – PLN 4,000.
The fee must be paid upon submission of the application. The stamp duty for a power of attorney is PLN 17.

How to appeal?

An appeal against a decision refusing approval of an expert assessment or plan must be submitted within 7 days from the date of delivery of the decision, via the director of the maritime office who issued the refusal, to the minister responsible for maritime economy – currently the Minister of Infrastructure.

Can the application be filed online?

Yes, the application may be submitted electronically via ePUAP.

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