Poland is probably the one of the last European countries that apply TGC/quota scheme to promote renewable energies.
The Polish system of supporting renewables bases on renewable energy certificates which are granted to entities that generate electricity from eligible energy sources.
The Polish legislation relating to the issues of emission trading will consist of:
1) the Law of 17 July 2009 on management of emissions of GHG and other substances (O.J. No 215 item 1664, as amended),
2) the Law of 22 December 2004 on the GHG and other substances emission allowances trading (O.J. No 281, item 2784, as amended),
3) the Law on the system of balancing and settlement of sulphur dioxides’ (SO2) and nitrous oxides’ (NOx) emissions from a large combustion plants (this law is now in the procedure of ministerial consultations, the version of July 17 2009 of the draft of the bill is available at web pages of the Polish Ministry of Environment - ustawa o systemie bilansowania i rozliczania wielkości emisji dwutlenku siarki (SO2) i tlenków azotu (NOx) dla dużych źródeł spalania).
The new law of 28 April 2011 on the greenhouse gas emission allowance trading scheme definitively ends the legal existence of the outdated law of 22 December 2004 on the greenhouse gas and other substances emission allowances trading (O.J. No 281, item 2784, as amended). It will enter into force on 21 June 2011 r.
The new law introduces significant changes for the power sector. It means first of all that installations for electricity production for which the investment process was physically initiated by 31 December 2008 need to obtain the greenhouse gas emission permit by the 30 June 2011.
The legal framework for the activities relating to carbon capture and storage in Poland is not in force yet. The proposals in that regard encompass the amendment of the existing Geologic and Mining Law. They can be found at the website of the Polish Ministry of the Environment (www.mos.gov.pl).
The “competent authority” referred to, in particular, in Article 18 of the CCS Directive (Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006) will be the Ministry of the Environment acting through National Authority for the Underground Storage Sites of Carbon Dioxide (KAPS CO2).
According to the Article 39 par. 1 of the CCS Directive Member States are obliged to bring into force the laws, regulations and administrative provisions necessary to comply with Directive by 25 June 2011.