Energy Law, proscribes the jurisdiction of the Government, i.e. the ministry competent for energy issues in the field of renewable energy sources. Therefore, the jurisdiction of the Agency in this field is limited exclusively to:
- issuance and withdrawal of licence for power production and combined power and heat production from renewable energy sources.
The licence is issued upon an energy entity’s application under the conditions prescribed by the Law for a power producing facility if the total approved power of the connection amounts to:
- over 1MW – (power production facilities);
- over 1 MW of total electricity and over 1 MWt total heat – (combined heat and power plants).
- approval of a transmission system operator’s legal document which defines the level of fee for the issuance, transfer and use of guarantee of origin
- monitoring system operators and suppliers in terms of their procedures related to prescribed commitments in the field of guarantees of origin
All other competences in the field of renewable energy sources, except for the ones mentioned above, are within the jurisdiction of the Government i.e. the ministry in charge of energy issues (Art. 65-66, Art. 67, Art. 70 – 87 of the Energy Law) and they include, in particular:
- adoption of the National Action Plan which defines targets for the use of renewable energy sources;
- more detailed definition of conditions for the award of a privileged power and heat producer status, a temporary privileged producer status and the status of a producer of power from renewable energy sources;
- adoption of a decision on the award of the status of privileged producer and temporary privileged producer as well as more detailed definition of the content of the application and of proofs for the award of the privileged producer status;
- keeping registry of producers who have been awarded with the status of a privileged producer, temporary privileged producer and producer using renewable energy sources;
- definition of incentive measures for the use of renewable energy sources for power production (the so-called feed-in-tariff);
- definition of content and procedure of issuance, transfer and termination of guarantee of origin, procedure for keeping registry of guarantees of origin, except for the fee level;
- more detailed definition of content and duration of pre-agreement and of power purchase agreement that is signed with privileged producers;
- definition of the procedure of calculation and paying incentive fees, as well as the procedure for the allocation of funds arising from this source;
- adoption of a legal document regulating conditions on the issuance and withdrawal of licences in detail,
- adoption of a legal document regulating in detail conditions for the issuance of energy permits for the construction of facilities as well as for the issuance of energy permits in line with the procedure prescribed by the Law upon applications an investor has filed with the ministry in charge of construction of facilities:
- for power production of 1 MW and higer,
- for combined heat and power production in combined heat and power plants with the capacity of 1MW and higher of electrical power and 1MWt and higher of heatng power.