Law on climate change in Poland


There is time only till the end of March 2013 for the entry into force of provisions extending support for high-efficiency cogeneration in Poland.

On 31 December 2012 State aid support in the form of red and yellow certificates will come to an end unless legislative changes be adopted.



There are currently two such drafts on the table, however differing in the support end-date: 2021 and 2031. A new certificates colour is also envisioned – the orange ones for cogeneration units starting production as from 1 January 2013.


In 2012 in Poland obligated parties must have 23.2% of red certificates as a proportion to the energy used, while the substitution fee (payable when the certificate is not surrendered) is set at 29.30 PLN/MWh.


The above values for yellow certificates respectively are 3.5% and 128.80 PLN/MWh.


To be precise, current support scheme (launched in 2007) will lapse on 31 March 2013, but as from 1 January 2013 already support is not granted to CHP units. These producers are only allowed to apply for certificates regarding energy generated in 2012.


If the support scheme were extended, after its entry into force CHP units would get certificates again and traders delivering electricity to final customers would be obliged to buy them.


The regulatory uncertainty influences on stopping some investment decisions. There appeared also some problems with tariffs approval by the national regulatory authority (URE). Taking into account the current lack of provisions setting the obligation for year 2013, the costs of red and yellow certificates involved can’t be the part of the tariff for household customers (in Poland prices of electricity for such customers are approved ex ante by URE).