Mittwoch, 16. September 2015

Renewables in Poland - Timing for First Auction still Unclear

● By Legal Counsel Dr. Christian Schnell, Warsaw ● 

The timing of the first auction under the Contract for Difference (CfD) support system in 2016 remains unclear. The last unofficial statement from the head of URE, Maciej Bando, was that the first auction should “not be expected before May 2016”. This vagueness is unavoidable as the implementation process for the required software is still ongoing and will not be finished before February 2016. Even more, the Ministry of the Economy expects the auction not to take place “in first half of 2016”. 

Dr. Christian Schnell
In this light, the anticipated auction regulation, which should clarify many open questions, is unlikely to come sooner than after the software is implemented and tested. Likewise, the test auction, initially to take place this September, should be postponed until March 2016. Even so, the RES Act gives URE until 31 March 2016 to publish the date of the first auction. As the prequalification phase is just getting off the ground (the first 8 applications have been filed at the department for the support systems by end of August), the relevant certificates – which under the RES Act permit participation in every auction within the 12 months after issuance – will not be issued before October this year. Thus, if the first certificates to be issued shall not to become invalid before the first auction, URE will need to hold that first auction no later than September 2016.
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