Amended Polish energy law ‘deficient’

ClientEarth has performed an analysis of amendments made to Poland’s energy legislation and concluded that the country will continue to face substantial fines.

The environmental law firm ClientEarth’s maintains that that “serious deficiencies“ of the law will likely lead the European Commission to continue to challenge the law in the Court of Justice, with Poland likely to be hit with €133,228.80 of fines per day.

European Commission ClientEarth says that the new energy law, which was signed into effect by the Polish president in mid-August, fails to ensure the priority access for renewables to the grid, in terms of connection to the grid as well as dispatch of renewable energy.

“Adoption in the form accepted by Polish President will probably not lead to withdrawal of the action from the Court of Justice” said Robert Rybski, ClientEarth lawyer who co-authored the analysis.

“The only way out is at the moment the early adoption by Parliament of a good law on renewable energy sources. Only this will avoid the threat of heavy fines.”

The European Commission’s referral of Poland to the EU Court of Justice on 21 March 2013 for their failure to transpose the 2009 directive on renewable energy sources, had led to the amendments.

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