Entry in the Register of Biogas Producers

Pursuant to Article 7(1)(2) of the Act on Renewable Energy Sources, economic activity involving the production of biogas for the purpose of biomethane generation or the production of biomethane from biogas is a regulated activity within the meaning of the Entrepreneurs’ Law and requires entry into the Register of Biogas Producers.

Purpose of Entry into the Register of Biogas Producers

The purpose of entry into the Register of Biogas Producers is to enable a simplified and faster authorization process for conducting business activity in the energy sector.

When is Entry into the Register Required?

Entry into the register should take place after the construction and commissioning of the biomethane plant.

Elements of the Application for Entry into the Register of Biogas Producers

The application template for investors is available in the Public Information Bulletin of the Energy Regulatory Office at the following address:

The application must be accompanied by:

a declaration of no arrears in the payment of taxes, fees, and social security contributions;
a declaration of completeness and truthfulness of the data contained in the application and compliance with the conditions referred to in Article 9(1a)(1) and (2) of the Act on Renewable Energy Sources, submitted under penalty of criminal liability;
proof of payment of the stamp duty for the entry;
if the application is submitted by a proxy, a power of attorney must be attached along with proof of payment of the stamp duty.

Procedure

The authority internally verifies the correctness of the submitted application. If no errors are found, the procedure ends with the entry into the register and the issuance of a certificate confirming the entry.

Processing Time

The President of the Energy Regulatory Office is obliged to enter the entrepreneur into the Register of Biogas Producers within 21 days from the date the application is received.

If the authority does not make the entry within the above-mentioned period, and 28 days have passed since the application was received, the producer may commence operations. This does not apply if the authority has requested the producer to supplement the application no later than 21 days from the date of receipt. In such a case, the deadline is counted from the date the supplement is received.

Competent Authority

The competent authority for entry into the register is the President of the Energy Regulatory Office. The application should be submitted to the URE regional office appropriate for the applicant’s registered office.

Validity Period of the Entry

The entry into the register is made for an indefinite period. Importantly, obtaining the entry entails the subsequent obligation to periodically submit reports, most often to the President of the Energy Regulatory Office.

What Fees Must Be Paid for the Entry?

The stamp duty for entry into the register is PLN 616 and is payable upon submission of the application. The stamp duty for issuing the certificate is PLN 17 and is also payable upon submission. The stamp duty for a power of attorney is PLN 17.

How Can One Appeal?

An appeal against the administrative ruling must be submitted within 14 days from the date of delivery of the ruling, including via public notice, to the District Court in Warsaw – Division of the Court of Competition and Consumer Protection, through the authority that issued the ruling. The cost of submitting an appeal is PLN 1,000.

Can the Application Be Submitted Electronically?

The application may be submitted electronically via the ePUAP platform.