On 24 March 2025, a new government proposal to amend the Energy Law (UC84) was published¹ (“Project”). It introduces several important changes to the current regulatory framework for grid connection. The proposal is aimed at optimising the use of existing grid infrastructure and increasing the transparency of the grid connection process. Public consultations of the Project are now open.

The Project aims to bring the Energy Law in line with the EU law² in terms of regulations on the introduction of the flexible grid connection agreements and strengthening the position of electricity consumers. Some legislative solutions, such as amendments to the existing cable pooling regulations, are linked with the Polish National Recovery and Resilience Plan (reform G1.2.2 “Removal of barriers to the integration of renewable energy sources into electricity grids”).

Improved transparency of the grid connection process

Investors will be encouraged to make more informed decisions on the choice of investment location, thanks to information published by the electricity system operators (“ESO”).

The ESO providing services to at least 100,000 off-takers will be required to launch an online platform where information about the total available connection capacity for the entire network with a rated voltage of more than 1kV will be published. The data should include the capacity available at substations or groups of substations included in the high-voltage and the highest voltage networks. In addition, detailed information about entities applying for grid connection conditions (“GCC”), refusals to grant the GCC and the criteria used by the ESO to calculate the network capacity available for new connections and the possibility of flexible grid connections will be published.

To streamline the grid connection process, applications for the issuance of GCC for electricity networks with a rated voltage higher than 1kV can only be submitted in electronic form via the abovementioned platforms. The ESO will notify the applicant within 60 days of receipt of the application whether it is complete and, if necessary, indicate any missing information or inform about other identified defects³.

Grid connection conditions

The proposal brings several important changes to the procedure for issuing GCC:

• Non-refundable application fee: A non-refundable fee for the processing of GCC application in the amount of 1 PLN per kW of the connection capacity specified in the application, but no more than PLN 100,000 (approx. EUR 23,922) will be introduced. The fee shall be submitted separately for each grid connection point indicated in the application.
• Grid connection fee: An advance payment for the grid connection fee will be doubled from PLN 30 to PLN 60 per kW of the connection capacity specified in the application for the GCC. The maximum amount of the advance payment will be PLN 6,000,000 (approx. EUR 1,435,080).
• Mandatory financial security: A financial security in the form of a deposit, insurance or bank guarantee shall be established by the applicant. The amount of the financial security will depend on the size of the installation (30 PLN/kW for installations below or equal to 100 MW, 60 PLN/kW for installations higher than 100 MW). The security shall be established within 30 days from receiving of GCC, under pain of losing the validity of GCC.
• Required attachments: Instead of providing documents confirming the legal title to the property, on which the installation is planned to be located (e.g., copies of land lease agreements), a statement on having such title will be sufficient. Similarly, instead of submitting excerpts from the local zoning plan or a copy of a zoning decision (if required), providing the ESO with a statement that the location of the investment is in accordance with the planning requirements specified in the above documents will be sufficient. However, the ESO shall have the right to request the above documents in justified cases.
• Validity of GCC: The validity period of GCC will be reduced to 1 year. This change is expected to counteract the blocking of the connection capacity by installations that do not implement the issued GCC

Project milestones

Connecting entity will be required to inform the relevant ESO about reaching project milestones:

• Within 24 months from the date of the GCA, that it has obtained the required approvals and permits required to implement the installation covered by the GCA,
• Within 36 months from the date of the GCA, that it has entered into agreements for the supply of major equipment used in the installation covered by the GCA.

In the event of failure to notify the ESO of the achievement of the above milestones, the GCA will be terminated for reasons attributable to the connected entity. The new requirement will not apply to the offshore wind farms.

The requirement to fed electricity generated in an RES installation into the grid for the first time within 24 months from the date of the GCA will be removed. A similar requirement applicable to offshore wind farms will remain the same as now and electricity shall be fed into the grid within 120 months from the date of the GCA.

Auctions for grid capacity

In the event of termination of a GCA due to the connected entity's failure to meet project milestones, the relevant ESO will facilitate the conclusion of a new GCA through an auction process. This new GCA shall refer to the same grid connection location and to identical conditions as those of the installation covered by the terminated agreement (the type of equipment used may differ, but the connection power in the direction of energy intake or output shall be the same). The winner of the auction will be the entity that offers the highest price for 1 MW of connection capacity.

Facilitating cable pooling

A change relevant to the development of battery energy storage systems (BESS) is the extension of cable pooling to all installations. Currently, only renewable energy installations can benefit from the cable pooling mechanism, which excludes standalone BESS as single components of the cable pooling framework as they do not qualify as RES installations. Conducting an additional grid impact study will not be required for extending cable pooling to a new type of installation, provided that the connection capacity is not changed and a declaration not to exceed the connection capacity is attached to the application for the GCC.

Flexible grid connection agreements

The Project introduces flexible GCA that could be offered by the ESO as a temporary solution⁴ for investors in case when connection to the electricity grid would not normally be possible using existing infrastructure due to limitations in grid capacity. The ESO will be entitled to impose reasonable restrictions on the consumption or injection of electricity into the grid by the installation without being liable for the consequences of such curtailments. The President of the Energy Regulatory Office will publish guidelines for flexible GCAs covering the method of determining the possible restrictions, among other things.

Entry into force and impact on the existing projects

Majority of the amendments will enter into force within 14 days from the date of their publication in the Journal of Laws.

Please note that the Project contains a number of transitional provisions that may affect installations that are already in the development phase, e.g., with respect to supplementing the amount of the advance payment for the grid connection fee, or the requirement to establish a financial security. Failure to meet certain requirements may result in the expiration of the GCC.

1. Link to the Project: https://legislacja.rcl.gov.pl/projekt/12396003/katalog/13118093#13118093.
2. Directive (EU) 2024/1711 of the European Parliament and of the Council of 13 June 2024 amending Directives (EU) 2018/2001 and (EU) 2019/944 as regards improving the Union’s electricity market design and Regulation (EU) 2024/1106 of the European Parliament and of the Council of 11 April 2024 amending Regulations (EU) No 1227/2011 and (EU) 2019/942 as regards improving the Union’s protection against market manipulation on the wholesale energy market.
3. This obligation will apply only to installations indicated in Article 7(8g) (4)-(6) of the Energy Law, i.e., installations included in connection group I, II, part of installations included in connection group III or VI, agricultural biogas plants with a total installed electrical capacity of no more than 2 MW.
4. Please note, however, that a flexible GCA may be concluded for an indefinite period of time if a grid connection requires the implementation of investments that are not covered by the grid development plan agreed with the President of the ERO.