National Contact Point for Renewable Energy Sources

In Poland, entry in the register of agricultural biogas producers is the most common way of obtaining a permit for a business activity involving biogas production.

The purpose of the entry in the register of agricultural biogas producers is to offer a simplified and expedited approval process for businesses in the energy sector. Analysis of the applicable legislation shows that the legislator wants rural areas to be especially promoted as the locations of biogas plants, mainly because of the accessibility of the raw material.

The entry should be made once the biogas plant is built, accepted and connected to the grid.

The template form for the investor is available on the KOWR website at:

https://www.gov.pl/web/kowr/warunki-uzyskania-wpisu-do-rejestru-wytworcow-biogazu-rolniczego

The application for the entry includes:

• identification, registered office and address of the producer;
• the tax identification number (NIP) of the producer;
• the type and scope of the business activity involving agricultural biogas production and the place of performing this activity;
• the annual capacity for a RES facility producing agricultural biogas as measured in m³/year, or the annual output and capacity of the renewable energy source installation intended for biomethane production, where biomethane will be produced from agricultural biogas, expressed respectively in m³/year and MW; or the total installed electric capacity of the RES installation producing electricity from agricultural biogas;
• indication whether this application is submitted by an eligible entity meeting the conditions set out in Article 3(2) of the Act of 13 July 2023 on Facilitating the Preparation and Implementation of Investments in Agricultural Biogas Plants and Their Operation (Journal of Laws, item 1597), which has implemented an investment in an agricultural biogas plant meeting the conditions specified in Article 4(1) of that Act;
• a statement on no arrears with any taxes, levies and social security contributions;
• a statement that the above data are accurate;
• proof of payment of the stamp duty for the application;
• authorisation with proof of stamp duty payment.
• in the case of submission by an attorney – a power of attorney together with proof of payment of the stamp duty for the power of attorney.

The procedure ends with the generator being entered in the register and the authority issuing a certificate of entry in the register.

The applicant is entered in the register within 7 days after the KOWR Headquarters receives a correct application along with all the statements.

If the KOWR Director General fails to make the entry on time and more than 14 days have passed since the day the Director General received the application, the generator may commence the activity.

The authority responsible for making the entry in the register is the KOWR Director General.

The entry in the register has no expiry date.

The stamp duty for entry in the register is PLN 616 and it must be paid at the submission of the application.

The stamp duty for an authorisation is PLN 17.

An appeal against the decision must be lodged within 14 days from the date of delivery of the decision, including by public notice, to the Minister of Agriculture and Rural Development. Subsequently, the investor may file a complaint with the Provincial Administrative Court, and thereafter with the Supreme Administrative Court.

You can file the application online through the ePUAP service or erolnik.gov.pl platform.