National Contact Point for Renewable Energy Sources

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Licence for electricity generation in cogeneration

If you intend to conduct business activity in the field of electricity generation in cogeneration, you must obtain a licence.

Cogeneration is the simultaneous production of heat and electricity (or mechanical energy) within the same technological process.

Licensing applies to electricity generation in cogeneration units, regardless of the installed capacity or the amount of energy produced.

You do not need a licence if you intend to generate electricity:

• in sources with a total installed electrical capacity not exceeding 50 MW, which are not classified as renewable energy installations or cogeneration units;
• in a micro-installation — a renewable energy installation with a total installed electrical capacity not exceeding 50 kW, connected to a power grid with a rated voltage below 110 kV, or with a thermal capacity in cogeneration not exceeding 150 kW, where the total installed electrical capacity does not exceed 50 kW;
• in a small installation — a renewable energy installation with a total installed electrical capacity greater than 50 kW and less than 500 kW, connected to a power grid with a rated voltage below 110 kV, or with a thermal capacity in cogeneration greater than 150 kW and not exceeding 900 kW, where the total installed electrical capacity is greater than 50 kW and less than 500 kW;
• from agricultural biogas;
• exclusively from agricultural biogas in cogeneration;
• exclusively from bio-liquids, as defined in the Act of 20 February 2015 on Renewable Energy Sources.

Conditions for obtaining a licence

You may be granted a licence if:

• you have a registered office or place of residence in an EU Member State, Switzerland, Turkey, or an EFTA Member State that is a party to the EEA Agreement (Norway, Iceland, Liechtenstein);
• you have financial resources ensuring proper performance of the activity, or you can document the ability to obtain such resources;
• you have the technical capabilities to ensure proper performance of the activity;
• you will employ personnel with appropriate professional qualifications for operating networks, equipment, and installations;
• you hold a decision on land development and zoning conditions;
• you are not in arrears with taxes constituting state budget revenue, or you have obtained an exemption, deferral, instalment plan, or full suspension of enforcement of the relevant tax authority’s decision.

Koncesję uzyskaj przed rozpoczęciem wykonywania działalności gospodarczej w zakresie wytwarzania energii elektrycznej w kogeneracji.

Submit your application to the relevant regional office of the Energy Regulatory Office (URE).
Choose the office responsible for the area where your company is registered or where you reside.

Submit your application to the URE headquarters in Warsaw if it concerns a renewable energy installation that uses the following fuels in the electricity generation process:

• biomass or biomass with other fuels
• bio-liquids with other fuels
• biogas with other fuels
• agricultural biogas with other fuels

Regional offices of the Energy Regulatory Office (URE) in Poland:

• Northern Regional Office – Gdańsk (Pomorskie and Warmińsko-Mazurskie Voivodeships)
• Southern Regional Office – Katowice (Śląskie and Świętokrzyskie Voivodeships)
• South-Eastern Regional Office – Kraków (Małopolskie and Podkarpackie Voivodeships)
• Eastern Regional Office – Lublin (Lubelskie and Podlaskie Voivodeships)
• Central-Western Regional Office – Łódź (Mazowieckie and Łódzkie Voivodeships)
• Western Regional Office – Poznań (Wielkopolskie and Kujawsko-Pomorskie Voivodeships)
• North-Western Regional Office – Szczecin (Zachodniopomorskie and Lubuskie Voivodeships)
• South-Western Regional Office – Wrocław (Dolnośląskie and Opolskie Voivodeships)

Energy Regulatory Office (URE)
ul. Towarowa 25a, 00-869 Warsaw

1. Prepare and submit your licence application

Required documents

1. An excerpt from the register of entrepreneurs – National Court Register (KRS) – obtained no earlier than 3 months before submission to the licensing authority (if registration in the KRS is required);
2. A certificate of assignment of a tax identification number (NIP) – if NIP information is missing from other submitted documents;
3. If the applicant is a legal entity (e.g. joint-stock company or limited liability company), an organizational unit without legal personality (e.g. general partnership), or a foreign entrepreneur operating in Poland through a branch, submit:

• A list of persons authorized to represent the applicant
• A list of supervisory board members
• A certificate from the National Criminal Register confirming no criminal record of all persons authorized to represent the entrepreneur
• A certificate from the National Criminal Register confirming no criminal record of all supervisory board members

4. If the application is submitted by a natural person who is an entrepreneur, submit a certificate confirming no criminal record;
5. The company’s articles of association or statute, if the applicant is a company;
6. A list of all entities that have a significant influence on your company or exercise control or joint control over it, as defined in Article 3(1)(34), (35), and (36)(a), (b), (e), and (f) of the Accounting Act. Attach a certificate from the National Criminal Register confirming no criminal record of these entities. In the case of an entity registered abroad or not being a Polish citizen, also submit appropriate information issued by the competent authority of the country of registration or citizenship of the entity concerned, along with a sworn translation into Polish;
7. A statement by the entrepreneur that no bankruptcy petition has been filed against them and that they are not in liquidation (in the case of civil law partnerships, each partner must submit a statement);
8. A statement by the entrepreneur that they have not been removed from the register of regulated activities in the last 3 years due to a decision prohibiting the applicant from conducting the registered activity because of:

• Submission of a false statement regarding compliance with legal requirements for conducting the activity
• Failure to correct violations of legal requirements for conducting the activity within the deadline set by the authority
• Gross violation of legal requirements for conducting the activity

9. Confirmation of registration of the applicant as a VAT taxpayer (e.g. certificate);
10. Submit a certificate of assignment of an excise number, if applicable;
11. A statement by the entrepreneur (and persons authorized to represent them, as well as supervisory board members) confirming that there are no grounds for suspending the proceedings due to the issuance of an order to present charges against the applicant or the aforementioned persons in connection with a criminal or fiscal offense related to the conducted activity. In the case of civil law partnerships, each partner must submit a statement;
12. A statement by the entrepreneur that all persons employed in the operation of networks, installations, and equipment used for licensed activities hold qualification certificates required under the Energy Law and other relevant regulations authorizing them to operate such networks, installations, and equipment;
13. Power of attorney – if you are represented by an attorney – along with proof of payment of the applicable stamp duty for granting the power of attorney;
14. Proof of payment of the stamp duty for issuing the license.

1. Documents confirming the entrepreneur’s legal title to facilities and installations necessary for conducting the licensed activity. These may include: notarial deed, excerpt from the land and mortgage register, extract from the land register, lease agreements, lending agreements, purchase invoices for energy generation equipment, handover/acceptance protocols for generation equipment, etc.;
2. Description of the parameters and technical condition of energy generation equipment (boilers/engines/turbines/electric generators), including information on the type of fuel used;
3. Diagram of the set of devices comprising the cogeneration unit, with indication of the balance boundary;
4. Administrative ruling on land development conditions or administrative ruling on the location of a public purpose investment;
5. Building permit decision should cover the equipment, installations, and networks;
6. Attach documents confirming completion of construction and commencement of operation of the facility (depending on the conditions specified in the building permit). These may include: occupancy permit or notification to the competent building supervision authority of construction completion, along with your statement confirming no objection was raised to the notification. If it is not possible to present the occupancy permit or building permit with the notification of construction completion, submit the administrative ruling on land development conditions or the administrative ruling on the location of a public purpose investment, or information on compliance with the local spatial development plan. In such cases, attach information from the architectural and construction administration authority, building supervision authority, or municipality regarding the date of construction and the inability to obtain a copy of the aforementioned decisions or information on their issuance. Also attach confirmation from the building supervision authority that the facility is not an unauthorized construction and complies with applicable legal requirements;
7. Attach decisions and protocols issued by the Office of Technical Inspection. These should authorize the operation of energy generation equipment;
8. If required for your installation, submit: integrated permit, permit for waste generation, and permit for the release of pollutants into the air;
9. Documents confirming the installed electric capacity of the cogeneration unit, such as: photos of nameplates of electric generators or technical-operational documentation of the generators;
10. Submit documents issued by the electricity system operator to whose grid your cogeneration unit is connected:

• Technical conditions for connection to the electricity grid (so-called grid connection conditions) or connection agreement
• Technical inspection, approval, and commissioning protocol for energy equipment
• Protocol verifying the correct operation of metering and settlement systems – so-called OTS order protocol

11. Power output diagram – required in the case of a cogeneration unit that also constitutes a renewable energy installation. The diagram should indicate:

• Points of measurement of the amount of electricity generated
• Ownership boundaries of networks, equipment, and installations belonging to you and the electricity system operator
• All generation equipment (belonging to you or a third party) from which energy is or may be exported via the given connection

12. Biomass/biogas specification should include a precise description of its parameters: type, form, and origin, and in the case of biogas – also the type and composition of substrates and a description of the production process (e.g. type of fermentation, method of acquisition);
13. Sample (preliminary) purchase agreements for the given type of biomass, in the case of units using biomass;
14. A detailed and legible diagram of the fuel feeding system should also include any auxiliary fuels and fuels supporting the combustion process;
15. Results of operational tests confirming the possibility of using a specific type (group) of biomass in your cogeneration unit. The result should be approximately 3 pages long;
16. Manufacturer’s opinion on the generation equipment confirming the possibility of burning only biomass, including information on the use of any auxiliary fuels and fuels supporting the combustion process;
17. Submit information on the fuel used for electricity generation and a statement on whether auxiliary fuel is used or not used in the renewable energy installation;
18. A document confirming that the technical safeguards in place prevent electricity generation from auxiliary fuel. This document should be prepared by an independent external entity based on an audit of the installation – in the case of a dedicated biomass combustion installation using auxiliary fuel;
19. Submit authenticated documentation (in 2 copies) in the case of a cogeneration unit that constitutes:

• A multi-fuel combustion installation
• A thermal waste conversion installation
• A hybrid system with installed electric capacity above 20 MW
• A dedicated biomass installation with installed electric capacity above 20 MW

20. Opinion on the above authenticated documentation (prepared by an independent third party based on an audit of the installation) – 1 copy.

1. A summary of annual projected revenues and costs for the activity covered by the licensing application, for a period of at least 3 years;
2. Financial statements from the last 3 years (annual PIT returns for natural persons or partners in civil law partnerships, balance sheets and profit and loss accounts for other entities). If you have been operating for less than three years, attach documents covering the period since the start of your business activity;
3. Documents confirming possession or the ability to obtain financial resources sufficient for the proper performance of the licensed activity (bank guarantees, insurance guarantees, and guarantee agreements);
4. A certificate from the competent tax office confirming that the entrepreneur has no outstanding liabilities to the state budget (or indicating the status of any such liabilities). In the case of civil law partnerships, submit separate certificates for each partner and for the partnership itself. The certificate should also include information on:

• enforcement proceedings in public administration and proceedings related to fiscal crimes or offenses
• the titles and periods from which any arrears originate

5. A certificate from the relevant branch of the Social Insurance Institution (ZUS) confirming that the entrepreneur has no outstanding social insurance contributions. Alternatively, attach a certificate stating that the entrepreneur is not listed in the register of contribution payers — applicable when the business activity did not require registration with ZUS. In the case of civil law partnerships, submit separate ZUS certificates for each partner and for the partnership. The certificate should be obtained no earlier than 3 months before submitting the application;
6. A certificate from the bank where the entrepreneur’s primary account is held. It should specify the turnover volume and include information on any loans granted to the entrepreneur, as well as confirmation that the account is not subject to enforcement titles.

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1. Entrepreneurs from European Union member states, Switzerland, and member states of the European Free Trade Association (EFTA) may conduct licensed activities in Poland directly, i.e. without establishing a branch. In such cases, entrepreneurs must submit an excerpt from the relevant equivalent of the Polish National Court Register (KRS) in the country where the company is registered;
2. Certificates of no criminal record for persons authorized to represent the foreign entrepreneur and for supervisory board members should be obtained from:

• the Polish National Criminal Register
• the equivalent register maintained in the country of company registration, or from the Polish National Criminal Register via the ECRIS system

3. A certificate of no criminal record for the enterprise (as a collective entity) should be obtained from the Polish National Criminal Register and from the equivalent register maintained in the country of company registration;
4. A certificate of no criminal record for entities that have a significant influence on your company or exercise control or joint control over it should be obtained from:

• the Polish National Criminal Register
• the equivalent register maintained in the country of registration of your company (if such registers exist), and from the equivalent register maintained in the country of registration or citizenship of the entities concerned

5. A tax authority ruling on the assignment of a tax identification number may originate from the country of company registration (a document confirming assignment of a NIP number in Poland is also accepted). The same applies to documents confirming registration of the entrepreneur as a VAT taxpayer;
6. Compliance of submitted documents with the law of the place of issuance must be confirmed in accordance with the apostille clause.

2. The authority will verify whether your application is complete

3. The authority will initiate proceedings for issuing the license

PLN 616

The stamp duty must be paid at the time of submitting the application for the license. As proof of payment, you may attach a printout confirming the bank transaction. The fee should be paid to the account of the Ochota District Office – City of Warsaw. You may also make the payment at the cash desk of this office.

Stamp duty is not required from, among others, local government budgetary units and public benefit organizations.

Appointing a representative

f you wish to be represented by an attorney, remember to attach the power of attorney and proof of payment of the stamp duty for the power of attorney (PLN 17). You do not need to pay this fee if the power of attorney is granted to your spouse, children, parents, or siblings.

No longer than one month. The deadline may be extended to two months — you will be informed if that happens.

• The case number and reference of the contested decision
• A list of objections and a brief justification
• Indication of evidence
• A statement that you request the decision to be repealed or amended in whole or in part

Obtaining other documents and permits

Obtaining a license for electricity generation in cogeneration does not exempt you from the obligation to obtain other licenses and permits required by separate regulations.
For example, if you hold a license for electricity generation in cogeneration, you must also obtain a license for electricity transmission if you intend to transmit the energy.

How long is the license valid

The license is granted for a fixed period — not shorter than 10 years and not longer than 50 years. You may request a shorter validity period — but you must indicate this in your application.

The Energy Regulatory Office may require you to continue the licensed activity after the license expires, if it is necessary for the public interest. In such cases, the license may be extended for no longer than 2 years. If your activity under the license results in losses, you are entitled to compensation for those losses.

You may apply for an extension of the license validity. Submit the application no later than 18 months before the license expires.

License fees

After receiving the license for electricity generation in cogeneration, you are required to calculate and pay an annual license fee. The fee must be paid by April 15 each year. License fees are regulated by the Regulation of the Council of Ministers of 9 November 2018 on license fees.

Submit an application to amend the license if any of the following change:

• Your company name

• Address of your registered office or your residential address

• Company registration number (KRS or its equivalent in other countries)

• Tax identification number (NIP)

Submit the application no later than 7 days from the date the change occurred.

The Energy Regulatory Office may also amend the license conditions at your request — for example, if you intend to generate electricity in a different way.

What else does the license provide

If you generate electricity in high-efficiency cogeneration and hold a license for electricity generation in cogeneration, you:

• Have priority in the transmission or distribution of the generated electricity. You may request its acceptance by the electricity system operator to whose grid your generation units are directly connected

• May benefit from support mechanisms described in the Act of 14 December 2018 on promoting electricity from high-efficiency cogeneration