National Contact Point for Renewable Energy Sources

The main purpose of the decision is to ensure the possibility of transmitting energy produced by an offshore wind power plant. This procedure also aims to minimize environmental impact by properly determining the cable route and applying appropriate protective measures.

The decisions can be obtained after the prior issuance of a permit for the construction or use of artificial islands, structures, and devices in Polish maritime areas (PSZW), and after the applicant has obtained preliminary grid connection conditions, connection conditions, or a connection agreement(s) to the transmission or distribution network for the offshore wind farm from which power will be exported via a set of devices or its components. The application must be submitted before applying for a building permit.

• Name, registered office designation, and address of the applicant;
• Detailed description of the project requiring the permit and its purpose, including:
  a) Proposed location specified using geocentric geodetic coordinates marked on a nautical chart, defining the area designated for the implementation and operation of the project;
  b) Surface area of the water body designated for the implementation and operation of the project, and the time required for its implementation and operation;
  c) Key technical parameters and value of the planned project, including presentation of the stages and schedule of implementation, and methods of transferring the product to land;
  d) Value of the planned project – applicable to projects planned, implemented, or operated in the exclusive economic zone;
  e) Assessment of economic, social, and environmental impacts.

• Certificate or statement of entry in the relevant register, including the registration number, if the applicant is an entity other than a natural person not conducting business activity. In the case of a statement, the applicant must include the clause: “I am aware of the criminal liability for submitting a false statement”;
• Description of the technology of the planned project;
• Information about the environment within the impact range of the planned project;
• Description and assessment of potential impacts of the planned project on the environment and its natural resources, both living and mineral;
• Description of measures to reduce harmful impacts of the planned project on the marine environment;
• Description of the assumptions and methods used for forecasting, and the data on the marine environment used, including difficulties encountered in collecting the necessary information;
• Draft monitoring program, including environmental monitoring and management of the investment and operational process;
• Description of environmental elements protected under the Nature Conservation Act, including national parks, located within the anticipated impact range of the planned project;
• Originals or certified copies of preliminary grid connection conditions, connection conditions, or connection agreement(s) to the transmission or distribution network for the offshore wind farm from which power will be exported via a set of devices or its components covered by the application.

The application, together with all required documents, is submitted to the competent authority. For decisions concerning internal sea waters and the territorial sea, the application is submitted to the director of the maritime office competent for the area of the planned investment. For decisions concerning the exclusive economic zone, the application is submitted to the minister competent for maritime economy matters (currently: the Minister of Infrastructure), who performs both formal and substantive verification of the application.

Further stages of the procedure differ depending on the type of permit being issued.

Permit to install and maintain cables within internal sea waters and the territorial sea

Before issuing the permit, the authority obtains opinions from ministers competent for: energy, economy, management of energy resources, climate, culture and protection of national heritage, fisheries, environment, water management, internal affairs, and the Minister of National Defence, including the Head of the Internal Security Agency.

Additionally, if the cable or pipeline installation is planned within internal sea waters and the territorial sea and will also run through a land section, it is necessary to obtain an opinion from the mayor, town mayor, or city president competent for the location of the cables or pipelines.

The above-mentioned entities should issue their opinions within 90 days from the date of receiving the application. Failure to issue an opinion within this timeframe is considered as no objections. This means that the lack of opinion from the indicated authorities does not prevent the issuance of the decision.

The authority is obliged to refuse to issue the decision if its issuance could lead to risks referred to in Article 23(3) of the Act on Maritime Areas of the Republic of Poland and Maritime Administration.

These risks include threats to:

• the environment, marine resources, or seabed resources, including rational management of mineral deposits;
• the interests of the national economy;
• national defence and security;
• maritime navigation safety;
• safe conduct of marine fisheries;
• safety of aircraft flights;
• underwater archaeological heritage;
• safety related to the exploration, identification, and exploitation of mineral resources of the seabed and the earth’s subsoil beneath it;
• implementation of primary functions referred to in Article 37a(3) of the Act on Maritime Areas of the Republic of Poland and Maritime Administration, if such functions have been defined.

Approval for installation and maintenance of cables in the exclusive economic zone

Before issuing the approval, the Minister verifies whether the installation and maintenance of cables does not hinder the exercise of the rights of the Republic of Poland in the exclusive economic zone.

When issuing the approval, the Minister of Infrastructure seeks opinions from ministers competent for: energy, economy, management of energy resources, climate, culture and protection of national heritage, fisheries, environment, water management, internal affairs, and the Minister of National Defence. In the case of a set of devices used for power export, the opinion of the Head of the Internal Security Agency is also required.

The above-mentioned entities should issue their opinions within 90 days from the date of receiving the application. Failure to issue an opinion within this timeframe is considered as no objections. This means that the lack of opinion from the indicated authorities does not prevent the issuance of the decision.

The authority is obliged to refuse to issue the decision if its issuance could lead to risks referred to in Article 23(3) of the Act on Maritime Areas of the Republic of Poland and Maritime Administration.

These risks include threats to:

• the environment, marine resources, or seabed resources, including rational management of mineral deposits;
• the interests of the national economy;
• national defence and security;
• maritime navigation safety;
• safe conduct of marine fisheries;
• safety of aircraft flights;
• underwater archaeological heritage;
• safety related to the exploration, identification, and exploitation of mineral resources of the seabed and the earth’s subsoil beneath it;
• implementation of primary functions referred to in Article 37a(3) of the Act on Maritime Areas of the Republic of Poland and Maritime Administration, if such functions have been defined.

Considering the obligation to obtain opinions from relevant authorities, which have up to 90 days to express their position, the estimated duration of the procedure is approximately six months.

The authority competent to issue the permit to install and maintain cables within internal sea waters and the territorial sea is the territorially competent director of the maritime office.

The authority competent to issue the approval for installation and maintenance of cables in the exclusive economic zone is the minister responsible for maritime economy matters, currently the Minister of Infrastructure.

• cable installation does not begin within 10 years from the date the decision becomes final, or
• cable operation does not commence within 15 years from the date the decision becomes final, in accordance with the conditions specified in the permit

The fee is PLN 1,500 for each decision. It must be paid within 14 days from the date of receipt of the payment request. The stamp duty for a power of attorney is PLN 17.

An appeal against a PUUK decision must be submitted within 14 days from receipt of the decision to the Minister of Infrastructure, via the Director of the Maritime Office competent for the investment area. Subsequently, the party may file a complaint with the Voivodeship Administrative Court and then with the Supreme Administrative Court.

In the case of UUUK, no appeal is available, but the party may submit a request for reconsideration of the case to the Minister of Infrastructure within 14 days. Subsequently, the party may file a complaint with the Voivodeship Administrative Court and then with the Supreme Administrative Court.

The application must be submitted electronically via the electronic submission box of the competent public administration authority or to its designated electronic delivery address. Failure to submit the application in electronic form will result in it not being processed.