National Contact Point for Renewable Energy Sources

The purpose of obtaining a PSZW is to enable the legal establishment of an offshore wind farm within the exclusive economic zone of the Republic of Poland. The erection and use of offshore wind farms in internal maritime waters and the territorial sea is prohibited.

The permit decision is required at the very beginning of the investment process, in every case where the planned undertaking involves the construction of an offshore wind farm. To apply for a PSZW, the investor must verify the compliance of the investment project with the spatial development plan for internal maritime waters, the territorial sea, and the exclusive economic zone (PZPPOM). A PSZW may only be issued for a project that is consistent with the PZPPOM. Moreover, the location of the planned offshore wind farm must correspond to the areas specified in Annex No. 1 or Annex No. 2 to the Act on promoting electricity generation in offshore wind farms.

The PSZW is necessary to apply for a certificate of eligibility for an auction aimed at obtaining the right to cover the negative balance for electricity generated in offshore wind farms.

• the name, registered office designation, and address of the applicant;
• a detailed description of the undertaking requiring the permit and its purpose, including:
  a) the proposed location specified using geocentric geodetic coordinates marked on a nautical chart, indicating the water area designated for the implementation and operation of the project. This location must correspond to the area specified in Annex No. 2 to the Act on promoting electricity generation in offshore wind farms;
  b) the surface area of the water designated for the implementation and operation of the project and the time required for its implementation and operation;
  c) the characteristic technical parameters and value of the planned project, including the presentation of its stages and implementation schedule, as well as the methods of transferring the product to land. (The required scope of characteristic technical parameters is indicated in the section below);
  d) an assessment of the economic, social, and environmental impacts.

• a certificate or statement of entry in the relevant register, including in particular the registration number, if the applicant is an entity other than a natural person not conducting business activity. In the case of submitting a statement, the applicant must include a clause stating: “I am aware of the criminal liability for submitting a false statement”;
• a description of the technology of the planned undertaking;
• information about the environment within the impact range of the planned undertaking;
• a description and assessment of the potential impacts of the planned undertaking on the environment and its natural resources, both living and mineral;
• a description of measures to reduce the harmful impact of the planned undertaking on the marine environment;
• a description of the adopted assumptions and methods used for forecasting, as well as the data used on the marine environment, indicating any difficulties encountered in collecting the necessary information;
• a draft monitoring program, including environmental monitoring and management of the investment and operational process;
• a description of environmental elements protected under the Nature Conservation Act, including, among others, national parks located within the anticipated impact range of the planned undertaking.

• the number and dimensions of construction objects or temporary construction objects, including offshore wind turbines, power stations, and offshore service or accommodation stations;
• the expected annual amount of electricity generated by the offshore wind farm;
• the maximum installed capacity of the offshore wind farm;
• the minimum spacing of offshore wind turbines;
• the method of laying, including the depth of burial, of cables connecting individual offshore wind turbines with offshore power stations, and their technical parameters;
• the maximum total height of the offshore wind turbine including the rotor;
• the minimum and maximum rotor diameter of the offshore wind turbine;
• the minimum distance between the average sea level and the blade of the offshore wind turbine in its lowest position;
• the type of underwater support structures and foundations of offshore wind turbines and other above-water structures of the offshore wind farm;
• the maximum height of the support structures of offshore wind turbines including the connecting section and other above-water structures of the offshore wind farm above the average sea level;
• the power evacuation technology and technical parameters of the internal power grid of the offshore wind farm;
• the maximum amount of oils and lubricants used in a single offshore wind turbine;
• the number and size of vessels used, divided into stages – construction, operation, and decommissioning.

The application, together with all required documents, 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.

Subsequently, the Minister obtains opinions from the relevant ministers responsible for: state assets, energy, economy, energy resources management, climate, culture and national heritage protection, fisheries, environment, internal affairs, the Minister of National Defence, and the Head of the Internal Security Agency.

These entities are required to issue their opinions within 90 days from the date of receiving the request for opinion from the minister competent for maritime economy matters. If this deadline is not met, it is assumed that no objections have been raised, which means that the permit decision may be issued (provided that all other legal requirements are fulfilled).

The minister competent for maritime economy matters is obliged to refuse to issue the PSZW if its issuance could lead to the occurrence of any of the potential 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 sub-sea resources, including the rational management of mineral deposits;
• the interests of the national economy;
• national defence and security;
• maritime navigation safety;
• safe conduct of marine fisheries;
• the safety of aircraft flights;
• underwater archaeological heritage;
• safety related to the exploration, identification and exploitation of mineral resources of the seabed and the subsoil beneath it;
• the 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 (a primary function means the leading purpose of an area designated in spatial plans).

After submitting the application for the PSZW, the minister competent for maritime economy matters promptly publishes a notice regarding the possibility of submitting additional applications for a permit concerning the maritime area covered by the original application. This notice is published in the Public Information Bulletin (BIP) of the Minister of Infrastructure and on the website of the office serving the minister.

The notice includes information on:

• the subject of the decision to be issued;
• the location specified using geocentric geodetic coordinates;
• the surface area of the maritime zone designated for the implementation of the project covered by the application;
• the authority competent to issue the permit;
• the possibility of submitting additional location permit applications within 60 days from the date of publication in the BIP;
• the applicable criteria for evaluating applications;
• the most important evaluation criterion.

If at least one additional complete application is submitted within 60 days from the publication of the notice in the BIP, the Minister of Infrastructure conducts an adjudication procedure to select the entity to which the PSZW for the given maritime area will be issued.

Information about notices regarding the possibility of submitting additional applications for a permit concerning a given maritime area is available on the website.

Evaluation criteria in the adjudication procedure

• Compliance of the planned projects with the provisions of the PZPPOM, understood as:
  a) a positive opinion on the application from the authorities referred to in Article 23(2) of the Act on Maritime Areas of the Republic of Poland and Maritime Administration (i.e. ministers responsible for: state assets, energy, economy, energy resources management, climate, culture and national heritage protection, fisheries, environment, geology, internal affairs, the Minister of National Defence, and the Head of the Internal Security Agency), or no objections in this regard;
  b) the possibility of designating the maritime area covered by the application for the purposes indicated therein, taking into account planning materials referred to in the implementing regulations issued under Article 37b(4) of the Act on Maritime Areas of the Republic of Poland and Maritime Administration;
  c) demonstration that other activities, not directly related to the implementation of the planned project, can be carried out in the given maritime area;
• The validity periods of the permit proposed by the applicant, including the start and end dates of construction and operation of the planned projects, i.e.:
  a) the degree to which the proposed dates for starting and completing construction and operation of the project align with the interests of the national economy, including the implementation of the state’s energy policy;
• The method of securing financial resources for the payment of the fee referred to in Article 27b(1)(1) of the Act on Maritime Areas of the Republic of Poland and Maritime Administration (i.e. the fee for issuing the PSZW), by presenting proof of establishment of:
  a) a bank guarantee;
  b) a deposit paid into the deposit account opened for the office serving the Minister of Infrastructure, refundable within 30 days from the end of the adjudication procedure or submission of a statement of withdrawal from participation in the procedure;
  c) an insurance guarantee;
  d) a surety;
• Methods of financing the planned projects, including own funds, loans, credits, and proposed public funding for the investment, assessed based on the following criteria:
  a) Feasibility of implementing the planned project using the applicant’s own funds, assessed based on:
  b) Feasibility of implementing the planned project using loans or credits, assessed based on:
  c) Feasibility of implementing the planned project using available public funds, including EU grants, assessed based on:
  • financial statements for the last three financial years, or for the period of business activity if shorter;
  • and the applicant’s calculation of the financial capacity ratio for the planned project and the amount of own funds, confirmed by a statutory auditor’s assurance report as defined in the Act of 11 May 2017 on statutory auditors, audit firms and public oversight;
  • at least a current credit rating as defined in Article 3(1)(a) of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies, issued by a rating agency: Fitch – at least BBB-, Moody’s – at least Baa3, or Standard & Poor’s – at least BBB-;
  • at least documents confirming the award of public funds for the planned project, including EU grants, provided that the amount of awarded public funds for the project is not less than 20% of its value;
• The ability to establish personnel, organizational and logistical infrastructure enabling the implementation of the planned projects, assessed based on the investor’s experience in similar projects, i.e.:
  a) implementation of an offshore wind farm or farms with a total installed capacity of at least 10% of the maximum installed capacity specified in the application, or their operation for at least 3 years; or
  implementation of an onshore wind power plant or plants with a total installed capacity of at least 20% of the maximum installed capacity specified in the application, or their operation for at least 3 years; or
  b) implementation of a project involving the construction of a power grid or a set of devices for power evacuation from an offshore wind farm (as defined in Article 3(13) of the Act on promoting electricity generation in offshore wind farms), with a voltage of no less than 110 kV and a total length equal to at least the straight-line distance from the maritime area covered by the application to the shoreline, or operation of such a grid or set of devices for at least 3 years;
• The contribution of the planned projects to the implementation of EU and national sectoral policies, assessed based on:
  a) the positive impact of the planned project on energy transition and reduction of greenhouse gas emissions;
  b) qualitative contribution to the implementation of individual national sectoral policies;
  c) qualitative contribution to the implementation of individual EU sectoral policies.

The duration of the PSZW procedure depends on whether an adjudication process or an appeal procedure takes place.

If no adjudication procedure occurs — considering the need to obtain opinions from the authorities indicated in the Act — the process is expected to take approximately six months.

If an adjudication procedure is initiated, the process may take around one year.

The authority competent to issue the PSZW is the minister responsible for maritime economy matters, currently the Minister of Infrastructure.

The PSZW for the construction, operation, and decommissioning of an offshore wind farm is issued for the period from the date the permit becomes final until 30 years after the start of the offshore wind farm’s operation. This means the duration is not arbitrarily determined by the issuing authority and depends on the actual start date of the farm’s use.

If, within 8 years from the date of issuance of the PSZW, the entity that received the permit does not obtain a building permit for all or part of the project, the issuing authority declares the permit expired.

An exception to this rule applies if the entity that obtained the PSZW — no later than 60 days before the end of the 8-year period — submits written explanations and confirms that all legally required actions to obtain the building permit have been undertaken. In such cases, the deadline is extended for the time necessary to obtain the building permit, but no longer than 2 years from the end of the initial 8-year period.

If the artificial islands, structures, and equipment have been erected and used in accordance with the requirements specified in the PSZW, the issuing authority may extend the permit’s validity for up to 20 years. The extension is granted by administrative decision upon request from the permit holder, submitted no later than 120 days before the expiry of the above-mentioned deadlines.

The fee is 1,500 PLN and must be paid within 14 days from the date of receipt of the payment request.

Additionally, a supplementary fee of 1% of the value of the planned investment project must be paid.

The supplementary fee is paid in the following order and deadlines:

a) 10% of the total amount within 90 days from the date the PSZW decision becomes final;
b) 30% of the total amount within 30 days from the date the building permit decision becomes final, or — if no building permit is required — within 30 days from the start of construction;
c) 30% of the total amount within 30 days from the start of use of the artificial islands, structures, and equipment;
d) 30% of the total amount three years after the payment referred to in point c above.

The stamp duty for a power of attorney is 17 PLN.

There is no right to appeal the PSZW decision, but the party may submit a request for reconsideration to the minister responsible for maritime economy matters 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.

If the application is submitted in any other form, it will not be considered.