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Law on climate change in Poland


The President of the Polish Energy Regulatory Office underlined (Communication No. 30/2011) that fuel could be considered biomass only when it undergoes biodegradation in the meaning that it does not contain the substances that are not biodegradable to an extent deviating from known, natural characteristics of the biomass of the given kind, i.e. does not contain in itself of non-biodegradable ‘additives’ not occurring naturally (for instance paints or varnish) or to an extent exceeding the known, natural quantities of these contaminants, for instance heavy metals or other non-biodegradable contaminants that influence on the combustion processes and, therefore, on the quantity of the certificates of origin acquired (that is, sui generis state aid).

 

 

The President of the Energy Regulatory Office in the above-mentioned communication interpreted the legal definition of biomass laid down in the paragraph 2 point 1 of the Regulation of the Ministry of the Economy of 14 August 2008 on the detailed extent of the obligation to acquire and redeem the certificates of origin, the collection of the substitution fee, the purchase of electricity and heat generated in the renewable energy sources and the obligation for approval of the data considering the quantities of electricity generated in the renewable energy source (Journal of Laws No 156, item 969 as amended).

 

The Energy Regulatory Office reminded that according to the said definition biomass means solid or liquid substances of vegetal or animal origin that are subject to biodegradation, coming from products, waste and residues from agriculture, forestry and the industry processing the products thereof and also the fraction of other waste that are subject to biodegradation, and the grains of the cereals not fulfilling the quality requirements for cereals eligible for interventional purchase laid down in the Commission Regulation (EC) No 687/2008 of 18 July 2008 establishing procedures for the taking-over of cereals by intervention agencies or paying agencies and laying down methods of analysis for determining the quality of cereals (OJ L 192, 19.7.2008, p. 20) and the grains of the cereals not eligible for interventional purchase.

 

Hence, pursuant to the opinion of the Energy Regulatory Office ‘the fuel/waste could be considered biomass (solid or liquid) only when it fulfils jointly the following criteria:

 

1) it constitutes the solid or liquid substance of vegetal or animal origin;

 

2) it undergoes biodegradation in the meaning that it does not contain the substances that are not biodegradable to an extent deviating from known, natural characteristics of the biomass of the given kind, i.e. does not contain in itself of non-biodegradable ‘additives’ not occurring naturally (for instance paints or varnish) or to an extent exceeding the known, natural quantities of these contaminants, for instance heavy metals or other non-biodegradable contaminants that influence on the combustion processes and, therefore, on the quantity of the certificates of origin acquired (that is, sui generis state aid);

 

3) it is not the biofuel in the meaning of the Law of 25 August 2006 on biocomponents and liquid biofuels (Journal of Laws No 169, item 1199, as amended).

 

The President of the Energy Regulatory Office underlined that on the ground of analysis of accredited research institutes, in annexes to the information concerned there will be placed specifications of fuels, the parameters thereof will qualify given fuel as biomass for energy purposes.

 

In parallel, given the fact that in regulatory practice in liaison with the analysis submitted, only certain sorts of fuels rise doubts, in subsequent annexes will be posted pieces of information on the issues.

 

Additionally, producers of electricity (units generating electricity in a process of co-firing of conventional fuels and biomass having joint installed capacity above 5 MW, hybrid units and biomass units having joint installed capacity above 20 MW) if they wish to qualify the given sort of biomass to the non-forest derived biomass (so-called agro-biomass) should document that the fuel concerned:

- is derived from the crops destined for the energy purposes,

- constitutes waste or residue from agriculture or from the industry processing the products of agriculture, or

- constitutes other kind of waste that are subject to biodegradation, waste and residues from forestry and the industry processing the products thereof excluding.

 

In the case of biomass acquired abroad, these documents should originate from the public bodies or institutions from the country concerned.