What Will the European Commission Decisions on Green Certificates and the New Polish RES System Mean?

On March 16, 2016, a conference on the meaning of the European Commission's new decision on Polish green certificates as state aid and the prospects for its decision on the new RES law will be held in Warsaw. Readers of this blog already know the issues and the possible consequences.

The conference will feature the leaders in the RES sector, the complainant in the case before the Commission, the Polish Government (invited), and the major utilities in Poland (invited).

THE IMPACT OF STATE AID ENFORCEMENT ON
POLISH RENEWABLE ENERGY
___________________________
An In-Depth Seminar on the Legal and Practical Problems

Facing Polish Energy

March 16, 2016  
Hilton Hotel Warsaw

The lack of notification and approval of the existing Green Certificate program has caused the European Commission to investigate its lawfulness and compatibility with the EU Treaty. See Case SA 37244. Major parts of the support system (co-firing of biomass and coal and old hydro plants) are being challenged in the Commission proceeding.  While the Commission has told the Polish Government that the old law is state aid, a published decision detailing the Commission’s findings is expected by March. This will require a new RES law to meet the objections and retroactively change the Green Certificate program in line with an earlier opinion of UOKiK and EC rules. Experts expect that certificates values will have to be adjusted by a coefficient that reflects the varying cost of production by technology. The European Commission is also reviewing the new RES law as state aid and important changes may be made. 

Seating will be limited and you can reserve a space by contacting randymott (at) ceeres.pl. Sponsorship is available for a modest amount. Admission is 400 PLN via advanced purchase. 

 The decision of the Polish Government to start and continue the Green Certificate program without notification and approval of the Commission as required by the European Treaty has created a complex situation.  Since the Commission legally enjoys sole competence to make the determination of compatibility of state aid with the competition rules of the European Community, the new decision will have immediate and direct consequences. The legality of the whole system from 2005 to date will be the subject of the decision. 

These developments will likely change the whole fabric of the renewable energy support system in Poland as well as the means for electricity providers to meet their RES quota under the Polish Energy Law. This conference is the only one scheduled that will involve the principals of the case before the Commission.

UPDATE:  There is a real shortage of organizations and people who want to discuss these issues. Due to lack of sponsors and reluctance of folks to even agree to discuss the topics, this event has to be cancelled. I am, however, able to discuss the issues and review what the decision means with individual clients willing to retain me for this purpose.  The consequences of the EC action will be sweeping and complex.  

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