National Contact Point for Renewable Energy Sources

Pursuant to Article 32(1)(2)(a) of the Energy Law Act, conducting business activity in the field of electricity storage in energy storage facilities with a total installed electrical capacity exceeding 10 MW requires obtaining a licence.

For energy storage facilities with a capacity greater than 50 kW and not exceeding 10 MW, the licensing requirement has been replaced by an entry in the energy storage register.

The purpose of the licence decision is to grant state permission to operate in a sector of particular importance to the public interest — the energy sector. The licence decision specifies the conditions and duration of the permitted activity.

The licence decision is the final administrative ruling obtained in the investment and construction process of an energy storage facility. A licence is required for conducting business activity in the field of electricity storage in facilities with a total installed electrical capacity exceeding 10 MW.

This provision was introduced by the Act of 20 May 2021 amending the Energy Law and certain other acts, aimed at comprehensively regulating the operation and development of energy storage. The legislator decided to introduce a separate licence for electricity storage, distinct from the licence for electricity generation.

The list of documents required for the licence application is provided by the President of the Energy Regulatory Office (URE), who assesses the licensing criteria specified in the Energy Law.

The documentation list is available at:

https://www.ure.gov.pl/pl/biznes/jak-uzyskac-koncesje/energia-elektryczna/784,Odnawialne-zrodla-energii.html

In addition, pursuant to Article 35(1) of the Energy Law, the licence application must include, in particular:

• identification of the applicant, including registered office, branch office in Poland (if applicable), or place of residence, along with addresses and names of legal representatives authorized to act on behalf of the business;
• specification of the subject and scope of the activity for which the licence is sought, and a draft development plan referred to in Article 16 of the Energy Law (if applicable);
• information on the applicant’s previous business activity, including financial statements for the last 3 years, if the entity conducts business;
• the requested duration of the licence, including the proposed start date of the activity;
• details of the resources available to the applicant to ensure proper performance of the licensed activity;
• registration number in the National Court Register (KRS), if applicable, or an equivalent registration number from another EU Member State, the Swiss Confederation, an EFTA state party to the EEA Agreement, or Turkey, as well as the tax identification number (NIP).

Additionally, the application for a licence to store electricity must include the information specified in Article 43g(6)(2) of the Energy Law, namely:

• identification of the electricity storage facility, including:

– the technology used for electricity storage;
– total installed capacity of the storage facility (in kW);
– storage capacity (in kWh);
– efficiency of the storage facility;
– maximum charging power (in kW);
– maximum discharging power (in kW);
– connection point of the storage facility;
– indication of whether the storage facility is part of a generation unit or a final consumer’s installation.

The above list of documentation is indicative and should always be verified with URE.

After submitting the application, the licensing authority verifies the documentation against the criteria set out in Article 33 of the Energy Law and requests an opinion from the relevant regional government.

Granting the licence may be conditional upon the applicant providing financial security to cover potential claims from third parties arising from improper performance of the licensed activity, including environmental damage.

Importantly, once the licence is granted, the operator is required to pay an annual licence fee. This fee is calculated based on the revenue generated from the sale of goods or services within the scope of the licensed activity in the year the fee obligation arises, and according to coefficients specified in the regulation on licence fees.

Obtaining a licence also entails regular reporting obligations, most often to the President of URE.

The administrative procedure for issuing a licence for electricity storage should be completed within one month. However, this is a theoretical timeframe based on general administrative rules and does not reflect the specific nature of licensing procedures, which typically take several months.

In practice, the timeframe may be longer due to periods required for obtaining opinions, approvals, or suspension of proceedings. Delays may also result from the applicant’s actions or external factors, such as the need to supplement documentation.

The competent authority for issuing the licence is the President of the Energy Regulatory Office (URE).

The licence application should be submitted to the URE regional office appropriate for the applicant’s registered office.

Licences are granted for a fixed period of no less than 10 years and no more than 50 years, unless the applicant requests a shorter duration.

• Licence issuance fee: PLN 616, payable upon submission of the application
• Certificate issuance fee: PLN 17, payable upon submission of the application
• Power of attorney fee: PLN 17

An appeal against the administrative ruling must be submitted within 14 days of receiving the decision (including via public notice), to the District Court in Warsaw – Division for Competition and Consumer Protection, via the President of URE.
The appeal fee is PLN 1000.

The application may be submitted electronically via ePUAP.