Licence for the Generation of Electricity from Renewable Energy Sources (RES)
How to handle the matter
- by visiting the office in person
- by mail
What you should know and who can use the service
If you want to conduct business activity in the field of electricity generation from renewable energy sources, you must obtain a licence.
Please note that you do not need a licence if you intend to generate electricity:
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in a micro-installation – a renewable energy source installation with a total installed electric capacity not exceeding 50 kW, connected to a power grid with a rated voltage lower than 110 kV, or with a thermal capacity in cogeneration not exceeding 150 kW, where the total installed electric capacity does not exceed 50 kW
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in a small installation – a renewable energy source installation with a total installed electric capacity greater than 50 kW and not exceeding 1 MW, connected to a power grid with a rated voltage lower than 110 kV, or with a thermal capacity in cogeneration greater than 150 kW and less than 3 MW, where the total installed electric capacity is greater than 50 kW and not more than 1 MW
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from agricultural biogas in installations other than micro-installations
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exclusively from agricultural biogas in cogeneration
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exclusively from bio-liquids
Agricultural biogas – gas obtained through the process of methane fermentation of agricultural raw materials, agricultural by-products, liquid or solid animal waste, by-products, waste or residues from the processing of agricultural-origin products or forest biomass, or plant biomass collected from areas not registered as agricultural or forest land. This excludes biogas obtained from materials originating from landfills or sewage treatment plants, including industrial sewage treatment plants from agri-food processing, where industrial wastewater is not separated from other types of sludge and wastewater.
Bio-liquids – liquid fuels used for energy purposes other than transport, including for the generation of electricity or heat, produced from biomass and used in installations that meet emission standard requirements, provided such standards have been defined under environmental protection regulations.
Conditions you must meet
- you have your registered office or place of residence in a member state of the European Union, Switzerland, Turkey, or a member state of the European Free Trade Association (EFTA) – parties to the Agreement on the European Economic Area – namely Norway, Iceland, and Liechtenstein
- you have financial resources that guarantee 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 individuals with appropriate professional qualifications in the operation of networks, equipment, and installations
- you have obtained an administrative ruling on land development and land use conditions
- you are not in arrears with the payment of taxes constituting state budget revenue. Alternatively, you have obtained an exemption, deferral, or instalment plan for tax arrears, or the execution of the decision of the competent tax authority has been fully suspended
When should you handle this matter
You must obtain the licence before you begin generating electricity from renewable energy sources.
Where to handle the matter
- Energy Regulatory Office
- ENERGY REGULATORY OFFICE
Choose the branch that covers the area where your company is registered or where you reside.
- biomass or biomass combined with other fuels
- bio-liquids combined with other fuels
- biogas combined with other fuels
- agricultural biogas combined with other fuels
- Northern Regional Branch based in Gdańsk (jurisdiction: Pomorskie and Warmińsko-Mazurskie Voivodeships)
- Southern Regional Branch based in Katowice (jurisdiction: Śląskie and Świętokrzyskie Voivodeships)
- South-Eastern Regional Branch based in Kraków (jurisdiction: Małopolskie and Podkarpackie Voivodeships)
- Eastern Regional Branch based in Lublin (jurisdiction: Lubelskie and Podlaskie Voivodeships)
- Central-Western Regional Branch based in Łódź (jurisdiction: Mazowieckie and Łódzkie Voivodeships)
- Western Regional Branch based in Poznań (jurisdiction: Wielkopolskie and Kujawsko-Pomorskie Voivodeships)
- North-Western Regional Branch based in Szczecin (jurisdiction: Zachodniopomorskie and Lubuskie Voivodeships)
- South-Western Regional Branch based in Wrocław (jurisdiction: Dolnośląskie and Opolskie Voivodeships)
Step-by-step instructions
1. Prepare and submit an application for a licence
Required documents
1. Application for a licence to generate electricity from a renewable energy source (RES)
Download:
You may submit the document as:
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Original
Additional information
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Identification of the applicant and their registered office or place of residence, and if legal representatives have been appointed to act on behalf of the entrepreneur – their full names;
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Specification of the subject and scope of the activity for which the licence is to be issued;
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Information about the applicant’s previous business activity, including financial statements from the last 3 years, if the entity conducts business activity;
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Specification of the period for which the licence is to be granted, along with the proposed start date of the activity;
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Specification of the resources available to the entity applying for the licence, to ensure proper performance of the licensed activity;
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Registration number in the register of entrepreneurs or the register of business activity, and the Tax Identification Number (NIP).
2. Excerpt from the register of entrepreneurs of the National Court Register
- Original
- Certified copy
3. Certificate of assignment of the Tax Identification Number (NIP)
- Original
- Certified copy
4. List of partners or shareholders
- Original
5. List of persons authorized to represent the applicant and members of the supervisory board
- Original
6. Certificates of no criminal record
- Original
- Certified copy
7. Company agreement
- Certified copy
8. List of entities having significant influence over the enterprise or exercising control or joint control
- Original
9. Statement by the entrepreneur that no bankruptcy petition has been filed against them and that they are not in liquidation
- Original
10. Statement by the entrepreneur that they have not been removed from the register of regulated activities in the last three years
- Original
11. Confirmation of registration as a VAT taxpayer
- Original
- Certified copy
12. Certificate of assignment of excise number
- Copy
- Original
- Certified copy
13. Statement by the entrepreneur that all persons employed in the operation of networks, installations, and equipment used for licensed activity hold qualification certificates
- Original
14. Power of attorney for administrative matters
- Original
- Certified copy
15. Proof of payment of stamp duty for the power of attorney
- For inspection
- Copy
- Original
- Certified copy
16. Proof of payment of stamp duty
- Original
17. Document confirming legal title to facilities and installations
- Original
- Certified copy
18. Description of technical parameters and condition of equipment used for electricity generation
- Original
- Certified copy
19. Administrative ruling on land development conditions or decision on the location of a public purpose investment
- Original
- Certified copy
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the type of investment;
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the conditions and detailed rules for land development and construction resulting from separate regulations, in particular regarding:
- conditions and requirements for the protection and shaping of spatial order,
- environmental protection and human health, as well as the protection of cultural heritage, monuments, and contemporary cultural assets,
- infrastructure and transport services,
- requirements concerning the protection of third-party interests,
- protection of buildings located in mining areas;
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the boundary lines of the investment area, marked on a map at an appropriate scale (i.e. 1:500 or 1:1000; for linear investments, a scale of 1:2000 is acceptable).
20. Decision on the location of a public purpose investment
- Original
- Certified copy
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the type of investment;
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the conditions and detailed rules for land development and construction resulting from separate regulations, in particular regarding:
- conditions and requirements for the protection and shaping of spatial order,
- environmental protection and human health, as well as the protection of cultural heritage, monuments, and contemporary cultural assets,
- infrastructure and transport services,
- requirements concerning the protection of third-party interests,
- protection of buildings located in mining areas;
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the boundary lines of the investment area, marked on a map at an appropriate scale (i.e. 1:500 or 1:1000; for linear investments, a scale of 1:2000 is acceptable).
21. Building permit
- Original
- Certified copy
22. Occupancy permit
- Original
- Certified copy
23. Occupancy permit or notification of completion of construction with a statement of no objection from the competent building supervision authority
- Original
- Certified copy
24. Statement of no objection from the competent building supervision authority
- Original
- Certified copy
25. Information on compliance with the local spatial development plan
- Original
- Certified copy
26. Decision and protocol from the Office of Technical Inspection (UDT)
- Original
- Certified copy
27. Integrated permit
- Original
- Certified copy
- The integrated permit should meet the requirements specified for permits:
- for the release of gases or dust into the air;
- water law permit for the discharge of wastewater into water or soil;
- for waste generation;
- and water law permit for water abstraction.
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the type and parameters of the installation relevant to pollution prevention;
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the permissible level of emissions under normal operating conditions of the installation, not exceeding the level resulting from proper operation, for each operating scenario;
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the maximum allowable duration of technologically justified operating conditions deviating from normal, especially during start-up and shutdown, as well as the conditions or parameters characterizing the operation of the installation that define the end of start-up and the beginning of shutdown, and the conditions for releasing substances or energy into the environment in such cases;
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if relevant to environmental protection requirements:
b) the permissible total duration of continued operation and the method of documenting this period;
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sources of emissions or locations where substances or energy are released into the environment;
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the date from which emissions are permitted, in the case of a new installation;
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identification of the main operator of the installation or the scope of responsibility of individual operators for designated parts of the installation, in accordance with Article 183b.
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The integrated permit shall specify – for installations requiring such a permit – the scope and method of monitoring emission levels in accordance with the monitoring requirements set out in BAT conclusions, if available. In the absence of BAT conclusions, BAT reference documents may be considered, to the extent that they go beyond the requirements referred to in Article 147 of the Environmental Protection Law and the requirements set out in the Regulation of the Minister of the Environment of 30 October 2014 on the requirements for measuring emission levels and water abstraction volumes.
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The authority may specify – for installations requiring an integrated permit – the scope and method of monitoring emission levels beyond the requirements set out in BAT conclusions, if justified by specific environmental protection considerations.
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The integrated permit should also specify, for installations requiring such a permit:
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the type of activity conducted;
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methods for achieving a high level of environmental protection as a whole;
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requirements ensuring the protection of soil, land, and groundwater, including measures to prevent emissions into soil, land, and groundwater and the method of systematic monitoring, if necessary;
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for installations requiring an initial report – the method for conducting systematic risk assessments of contamination of soil, land, and groundwater with hazardous substances that may be present on-site due to the operation of the installation, or the method and frequency of testing soil and land contamination and measuring the concentration of these substances in groundwater, including sampling;
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methods for limiting transboundary environmental impacts;
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noise emission levels determined by permissible noise indicators outside the facility, expressed as LAeq D and LAeq N, in relation to land designated for residential use, hospitals and care homes, buildings for permanent or temporary stay of children and youth, and areas designated for health resorts, recreation, and mixed residential-service use; and the daily operating schedule of noise sources, including expected scenarios;
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the quantity, condition, and composition of wastewater, if it is not discharged into water or soil;
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the amount of water used, unless the conditions referred to in Article 202(6) apply (i.e. the amount is not specified if the water is used exclusively for installations requiring an integrated permit);
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methods for preventing and mitigating the effects of accidents and the requirement to report accidents, unless this concerns facilities with increased or high risk of accidents (as referred to in Article 248(1));
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procedures for decommissioning the installation, including methods for eliminating negative environmental impacts resulting from its operation, if such impacts are anticipated;
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methods for ensuring efficient energy use;
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the scope, method, and deadline for submitting annual information to the authority issuing the permit and the regional environmental inspector, enabling assessment of compliance with the permit conditions, in areas not covered by Article 149 of the Environmental Protection Law.
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The integrated permit may specify additional requirements for installations if necessary to achieve a high level of environmental protection as a whole. Furthermore, the permit shall define the method and frequency of testing soil and land contamination with hazardous substances and measuring their concentration in groundwater.
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The justification of the integrated permit should include an assessment of the costs of achieving emission limit values (based on which a derogation may be granted).
28. Decision on technical conditions for connection to the power grid (so-called grid connection conditions)
- Original
- Certified copy
29. Connection agreement
- Original
- Certified copy
30. Technical inspection protocol, approval and commissioning of energy equipment issued by the power system operator to whose grid the power plant is connected
- Original
- Certified copy
31. Protocol verifying the correct operation of metering and settlement systems (so-called OTS commissioning protocol)
- Original
- Certified copy
32. Power output diagram
- Original
- Certified copy
33. Characteristics of the type of biomass/biogas planned for use in the generation unit
- Copy
- Original
- Certified copy
34. Fuel feeding system diagram
- Copy
- Original
- Certified copy
35. Results of operational and commissioning tests
- Copy
- Original
- Certified copy
36. Manufacturer’s opinion on the generation equipment confirming the possibility of burning biomass exclusively
- Copy
- Original
- Certified copy
37. Information on the fuel used for electricity generation
- Copy
- Original
- Certified copy
38. Information on the use or non-use of auxiliary fuel in the renewable energy source
- Original
39. Document confirming that the technical safeguards prevent electricity generation from auxiliary fuel
- Original
40. Authentication documentation: installation for production and procedures for settlement of energy from renewable sources
- Original
41. Summary of annual projected revenues and costs for the licensed activity, for a minimum period of 3 years
- Original
42. Financial statements for the last 3 years
- Original
- Certified copy
43. Tax returns for the last 3 years
- Copy
- Original
- Certified copy
44. Documents confirming possession or ability to obtain financial resources sufficient for proper performance of the licensed activity
49. Documents confirming possession or ability to obtain financial resources sufficient for proper performance of the licensed activity
- Copy
- Original
- Certified Copy
Additional Information
45. Certificate of no tax arrears or statement of tax arrears status (ZAS-W)
50. Certificate of no tax arrears or statement of tax arrears (ZAS-W)
- Copy
- Original
- Certified Copy
- Applicant’s identification details
- Address of the registered office or place of residence
- Information on the absence or existence of tax arrears (including their title, period, and amount)
- Information on interest for late payment or its absence, along with the amount
- Information on deferral or installment payment of tax liabilities
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Whether the applicant is subject to:
a) Proceedings aimed at identifying tax arrears and determining their amount
b) Enforcement proceedings in public administration, including those related to non-tax liabilities of the applicant -
Concerning:
a) Periods from which the arrears originate and their titles
b) Taxes for which payment deadlines have been deferred or for which payment has been divided into installments
46. Certificate of no arrears in payment of social security contributions (ZUS)
The document may be submitted as:
- Copy
- Original
- Certified Copy
- Number
- Applicant’s details (name/company name, address, NIP, REGON, PESEL, ID card/passport series and number)
- Confirmation that the applicant has no arrears in the payment of contributions to:
- Social insurance
- Health insurance
- Labour Fund, Guaranteed Employee Benefits Fund
- Bridging Pensions Fund
- The date as of which the applicant has no arrears
47. Bank certificate confirming possession of a bank account
The document may be submitted as:
- Original
- Certified Copy
Attach the following documents to your application:
Documents confirming that formal, legal and organizational requirements are met
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An excerpt from the Register of Entrepreneurs – National Court Register (KRS) – obtained no earlier than 3 months before submission to the licensing authority (if you are required to be registered in the KRS)
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A certificate of assignment of a Tax Identification Number (NIP) – if the NIP is not included in other submitted documents
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If the applicant is a legal entity (e.g. a joint-stock company or limited liability company), an organizational unit without legal personality (e.g. a registered partnership), or a foreign entrepreneur operating in Poland through a branch, submit:
- A list of supervisory board members and a list of persons authorized to represent the applicant
- A certificate from the National Criminal Register confirming the clean criminal record of all persons authorized to represent the entrepreneur, as well as members of supervisory boards. If the entrepreneur, partner, or management board member is not a Polish citizen, submit an appropriate certificate issued by the competent authority of the country of which the person is a citizen. Also attach a sworn translation of this certificate into Polish
- A certificate from the National Criminal Register confirming the clean criminal record of the enterprise as a collective entity
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If the application is submitted by a natural person who is an entrepreneur, submit a certificate of their clean criminal record
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The company’s articles of association or statute – if the applicant is a company
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A list of all entities that have significant influence over 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 the clean criminal record of these entities
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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 such a statement)
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A statement by the entrepreneur that they have not been removed from the register of regulated activities in the past 3 years due to an administrative ruling prohibiting them from conducting the registered activity. In the case of civil law partnerships, each partner must submit such a statement
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Confirmation of the applicant’s registration as a VAT taxpayer. This may be, for example, a certificate
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A certificate of assignment of an excise number – if you have such a number
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A statement by the entrepreneur that all persons employed in the operation of networks, installations, and equipment used to carry out the licensed activity hold qualification certificates required under the Energy Law and other relevant regulations authorizing them to operate such networks, installations, and equipment
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A 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
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Proof of payment of the stamp duty for the issuance of the license
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Documents confirming the entrepreneur’s legal title to the facilities and installations necessary for conducting the licensed activity (e.g. notarial deed, excerpt from the land and mortgage register, extract from the land register, lease agreements, lending agreements, invoices for the purchase of power plants – generator(s), etc.)
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A description of the technical parameters of the equipment used for electricity generation should specify the type of fuel used and the technical condition of the equipment
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A zoning decision or a decision on the location of a public purpose investment
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A building permit decision should cover the equipment, installations, and networks
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Attach documents confirming the completion of construction and the commencement of operation of the facility (depending on the conditions specified in the building permit). This may include an occupancy permit or a notification to the competent building supervision authority about the completion of construction, along with a statement confirming no objection to the notification. If it is not possible to present the occupancy permit or the building permit with the notification of completion, submit a zoning decision or a decision on the location of a public purpose investment, or information on compliance with the local spatial development plan – together with information obtained 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 about their issuance. In such cases, attach confirmation from the building supervision authority that the facility is not an unauthorized construction and complies with legal requirements
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Attach decisions and protocols from the Office of Technical Inspection. These should authorize the operation of generation equipment used for electricity production
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Submit an integrated permit if the installation requires such a permit
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Submit:
- Technical conditions for connection to the power grid (so-called grid connection conditions) or a connection agreement
- A technical inspection, approval, and commissioning protocol for energy equipment issued by the power system operator to whose grid the power plant is connected
- A protocol verifying the correct operation of metering and settlement systems – the so-called OTS order protocol
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The power output diagram should indicate:
- Locations where measurements of generated electricity are taken
- Boundaries of ownership of networks, equipment, and installations belonging to you and the power system operator
- All generation equipment (belonging to you or a third party) from which energy is or may be exported via the given connection
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The biomass/biogas specification should include a precise description of its parameters. This includes: type, form, and origin, and in the case of biogas – also the type, composition/substrates, and a description of the acquisition process (e.g. type of fermentation, method of acquisition). Also attach sample (preliminary) purchase agreements for the given type of biomass (if you intend to use it)
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A detailed and legible fuel feeding system diagram should also include any auxiliary fuels and fuels supporting the combustion process
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The results of operational tests should confirm the possibility of using a renewable energy source of a specific type (group) of biomass in your installation. The result should be approximately 3 pages long
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The manufacturer’s opinion on the generation equipment regarding the possibility of burning only biomass should include information on the use of any auxiliary fuels and fuels supporting the combustion process
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Submit information on the fuel used for electricity generation and information on whether auxiliary fuel is used or not used in the renewable energy installation
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A document confirming that the technical safeguards used prevent electricity generation from auxiliary fuel should be prepared by an independent external entity. It should be based on an audit of the installation – in the case of a dedicated biomass combustion installation using auxiliary fuel
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Submit authenticated documentation (in 2 copies) in the case of a renewable energy installation that constitutes:
- A multi-fuel combustion installation
- A thermal waste conversion installation
- A hybrid system with an installed electrical capacity above 20 MW
- A dedicated biomass installation with an installed electrical capacity above 20 MW
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A summary of annual planned revenues and costs for the activity covered by the license application, for a period of at least three years
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Financial statements from the last three 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 conducting business for less than three years – attach documents covering the period since the start of your activity
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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)
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A certificate from the competent tax office stating that the entrepreneur has no outstanding obligations to the state budget, or indicating the status of any such obligations. In the case of civil law partnerships, submit separate certificates for each partner and for the partnership. Additionally, the certificate should include information on:
- Any administrative enforcement proceedings and proceedings concerning tax crimes or tax offenses
- The titles and periods from which any outstanding obligations originate
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A certificate from the relevant branch of the Social Insurance Institution (ZUS) stating that the entrepreneur has no outstanding social insurance contributions. Alternatively, attach a certificate confirming 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 certificates from ZUS for each partner and for the partnership. The certificate should be obtained no earlier than 3 months before submitting the application
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A certificate from the bank where the entrepreneur’s main account is held. It should specify the volume of turnover 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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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
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Certificates of clean criminal record for persons authorized to represent the foreign entrepreneur and members of supervisory boards should be obtained from:
- The Polish National Criminal Register, and
- The equivalent register maintained in the country of the company’s registration, or from the Polish National Criminal Register via the ECRIS system
If these persons are not citizens of the country where the company is registered, the certificate should be issued by the competent authorities of the countries of which these persons are citizens -
A certificate of clean criminal record for the enterprise (as a collective entity) should be obtained from both the Polish National Criminal Register and the equivalent register maintained in the country of the company’s registration
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A certificate of clean criminal record for entities that have significant influence over 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 your company’s registration (if such registers exist), and from the equivalent register maintained in the country of registration or citizenship of the aforementioned entities
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A decision from the tax authority regarding the assignment of a tax identification number may originate from the country of the company’s registration (a document confirming assignment of a NIP number in Poland is also accepted). The same applies to the document confirming registration of the entrepreneur as a VAT taxpayer
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Compliance of submitted documents with the law of the place of their issuance must be confirmed in accordance with the apostille clause
Deadline
Obtain the license before you start generating electricity from renewable energy sources.
2. The authority will check whether your application is complete
If the authority finds that your application is incomplete, it will request you to correct the deficiencies within a specified deadline. You will have a maximum of 30 days to do so – counted from the date you receive the request. If you fail to correct the deficiencies within the deadline, the authority will leave the application unprocessed – meaning you will not be granted a license.
If you fail to pay the stamp duty for the issuance of the license, the authority will set a deadline for payment – between 7 and 14 days. If you do not pay within the specified time, your application will be returned.
Note: Failure to pay the stamp duty for the granted power of attorney does not result in the return of the application. The Energy Regulatory Office will continue to process the case – however, it will send a notice about the missing payment to the city office where the fee should have been paid. The city office will initiate enforcement proceedings.
3. The authority will initiate proceedings regarding the issuance of the license
If your license application is free of formal deficiencies or you have corrected them, the Energy Regulatory Office will initiate administrative proceedings. The licensing process may not always be limited to you and the authority. The authority will send a notice of initiation of proceedings to all parties involved.
The Energy Regulatory Office may summon you (as well as other parties or your representative) to participate in the proceedings and to provide explanations – in person, through a representative, or in writing (in accordance with Articles 50–56 of the Code of Administrative Procedure).
Documents
1. Notice of initiation of proceedings
Original
4. The authority will assess whether it can issue you a license
The authority will obtain an opinion regarding the license
The Energy Regulatory Office (URE) will request an opinion from the Voivodeship Board regarding the possibility of issuing you a license. The Board has 14 days to issue the opinion in the form of an administrative ruling. If it fails to do so within this period, the Energy Regulatory Office will consider the opinion to be positive.
The authority will assess your application
The Energy Regulatory Office will evaluate the submitted documents. Before making a decision on granting the license, the Office may verify the facts stated in the application. This is to determine whether you meet the conditions for conducting the licensed business activity and whether you provide sufficient assurance of its proper execution.
Additional financial security to satisfy third-party claims
The Energy Regulatory Office may condition the issuance of the license on your submission of additional financial security. This is intended to satisfy potential claims from third parties, which may arise from improper conduct of the licensed activity, such as environmental damage. In such cases, you will receive an administrative ruling imposing the obligation to provide security. You cannot file a complaint against this ruling. You may only challenge it in an appeal against the license decision.
The authority will notify the parties about the completion of evidence collection
The parties to the proceedings will be notified and may review the case files and submit any motions or objections (in accordance with Article 10 § 1 of the Code of Administrative Procedure). The parties have the right to participate at every stage of the proceedings and to express their views – before the license is granted – regarding the collected materials and evidence. You may also do so. When informing about the possibility to review the collected evidence, the licensing authority will also indicate any conditions that have not been met or demonstrated as of the date of the notice, and whose failure to fulfill may result in a decision that does not comply with the applicant’s request. Within the deadline set for commenting on the collected evidence and materials and submitted requests, the party may present additional evidence to demonstrate compliance with those conditions (Article 79a of the Code of Administrative Procedure).
Important! If, during the licensing process, you are charged with committing a crime related to your business activity, URE will suspend the proceedings. The suspension lasts until the preparatory and court proceedings are concluded.
Suspension will also occur if such charges are brought against members of the supervisory board or persons authorized to represent your company.
Documents
1. Opinion regarding the license
Original
2. Administrative ruling imposing the obligation to provide financial security by the applicant
You will receive the document as:
Original
3. Notification to parties about the completion of evidence collection and the possibility to review the documentation
You will receive the document as:
Original
5. You will receive a license for the generation of electricity from renewable energy sources
If your application meets the requirements set out in the regulations, the authority will issue you a license. You will receive it in the form of a decision. Once the license is granted, the authority will enter your company into the register of enterprises holding a license for electricity generation (WEE). This register is maintained by the Energy Regulatory Office (URE).
The Energy Regulatory Office will issue a decision of refusal if you do not meet the legal requirements. In the event of a refusal, the authority – via the Minister of Energy – will inform the European Commission, including the reasons for the refusal.
The Energy Regulatory Office will refuse to grant a license if:
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Your company is undergoing bankruptcy or liquidation proceedings
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Your license for activities under the Energy Law was revoked in the last 3 years due to reasons listed in Article 41(3) of the Energy Law, such as gross violations of license conditions or other conditions for conducting licensed business activity
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You were removed from the register of regulated activities in the last 3 years after receiving a ban on conducting the registered activity, due to:
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Submitting a false statement about meeting the legal requirements for conducting the activity
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Failing to correct violations within the prescribed time
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Gross violations of the conditions for conducting the activity
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You have been convicted by a final court judgment for a crime related to business activity conducted under the Energy Law. If the applicant is a company, foreign entrepreneur, or branch of a foreign entrepreneur, persons authorized to represent these entities or members of their supervisory boards must also not have been convicted
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You are not registered as a VAT taxpayer
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Another entity that has significant influence over your company or exercises control or joint control has been convicted by a final judgment in the last 3 years for a crime or tax offense related to the business activity conducted under the Energy Law. Issues of control are regulated by the Accounting Act of 29 September 1994
Documents
1. License for the generation of electricity from renewable energy sources
Original
Additional information
- The entity and its registered office or place of residence
- The subject and scope of the licensed activity
- The start date of the licensed activity and the conditions for conducting the activity
- The validity period of the license
- Specific conditions for conducting the licensed activity aimed at proper service to consumers, in terms of:
- Ensuring the ability to supply fuels or energy continuously and reliably, while maintaining the quality requirements specified in the regulations issued under Article 9(1–4), (7), and (8) of the Energy Law
- Notifying the President of the Energy Regulatory Office about failure to commence, cessation, or limitation of the licensed activity during the license validity period
- Environmental protection measures during and after the cessation of the licensed activity
- The number in the Register of Entrepreneurs in the National Court Register (KRS), if the entrepreneur has such a number, or the number in an equivalent register of a European Union member state, the Swiss Confederation, a member state of the European Free Trade Association (EFTA) – party to the Agreement on the European Economic Area or Turkey, as well as the Tax Identification Number (NIP)
How much you will pay
616 PLN
The stamp duty must be paid at the time of submitting the license application. You have the right to provide proof of payment within 3 days from the date of submission. As proof of payment, you may attach a printout confirming the bank transaction. The fee should be paid to the account of the City of Warsaw.
17 PLN – stamp duty for a power of attorney (optional)
If you wish to be represented by an attorney, remember to attach the power of attorney and proof of payment of the stamp duty for it. You do not have to pay the fee if the power of attorney is granted to your spouse, children, parents, grandparents, grandchildren, or siblings.
If you submit the application at a regional branch of the Energy Regulatory Office, the fee for the power of attorney should be paid to the account of the city or municipal office appropriate for the location of the branch where the power of attorney is submitted (you can find the account number on the website of the relevant city or municipal office).
Example: If you submit the power of attorney to the Western Regional Branch of the Energy Regulatory Office located in Poznań, the fee should be paid to the account of the Poznań City Office.
How long you will wait
No longer than one month. The deadline may be extended to two months (you will be informed about this).
How you can appeal
- The case number and reference of the contested decision
- A list of objections
- A brief justification of each objection
- Indication of evidence
- A statement that you request the decision to be repealed or amended in whole or in part
Good to know
Obtaining other documents and permits
Obtaining a license for electricity generation does not exempt you from obtaining other licenses and permits required by separate regulations. For example, if you hold a license for electricity generation from renewable energy sources, you must obtain a license for electricity transmission if you intend to transmit the energy.
How long the license is 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 period – but you must indicate this in your application.
The Energy Regulatory Office may require you to continue the licensed activity even after the license expires, if it is necessary for the public interest. In such cases, the license may be extended for a period not exceeding 2 years. If your activity under the license results in losses, you are entitled to compensation for those losses.
You may apply to extend the validity of the license. Submit the extension application no later than 18 months before the license expires.
License fees
After receiving the license for electricity generation, you are required to calculate and pay an annual license fee. The fee must be paid by April 15 each year. The method of calculating the fee is specified in the Regulation of the Council of Ministers of 12 October 2021 on the license fee.
Note: An energy enterprise generating electricity in a renewable energy installation with a total installed capacity not exceeding 5 MW is exempt from the license fee for electricity generation in that installation.
License amendments
Submit a license amendment application if any of the following change:
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The name of your company
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The address of its registered office or your place of residence
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The number in the National Court Register (KRS) or its equivalent in other countries
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The 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.
Energy origin certificates
Energy enterprises holding a license for electricity generation in a renewable energy installation may apply for energy origin certificates (provided that the first generation of electricity in the installation occurred before 1 July 2016) or participate in the auction-based support system for electricity generation from renewable sources.
Virtual prosumer
If your installation generating electricity from renewable energy sources is located in a different place than where the energy is consumed, you may use the generated energy only within the area of the same distribution system operator. This restriction applies until 1 October 2026.