The bill introduces into the legal order the so-called “white certificates” i.e. energy efficiency certificates, which will issued by the Polish energy regulatory authority (URE). Energy efficiency certificates will incorporate tradable rights and will be evidenced by entries in the registry established by the commodity exchange or regulated market.
The new bill on energy efficiency was passed on 15 April 2011 by the Polish Parliament. The newly passed provisions will enter into force after three months from the publication in the Polish official journal and will be binding till 31 December 2016 (there are, however, a few exceptions to both dates).
Energy efficiency certificates will be issued in exchange for realised undertakings serving the improvement of energy efficiency. URE will choose the eligible undertakings by way of a public tender, which will be announced at least once a year.
The new rules impose on certain entities the obligation to acquire and surrender in URE energy efficiency certificates of a specified value or to pay the substitute fee.
The entities charged with the new costs are:
1) undertakings selling electricity, heat or natural gas to the final customers connected to the network on the territory of Poland,
2) final customers connected to the network on the territory of Poland, being the members of the commodity exchange in relation to the transactions entered into on their own behalf on the commodity exchange,
3) commodity broker firms as regards transactions carried out on the commodity exchange on account of final customers connected to the network on the territory of Poland.
The Polish Minister of the Economy was given the competence to issue a delegated acts on the particulars of the matters regulated by the new provisions, among others on the specific conditions and procedure of the public tender, and the concrete amount of the substitute fee.