Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 200
200
Poland
form of a bank/ insurance guarantee,
or a paid deposit. 28
The maximum period of benefiting from
the support scheme (both in the first
and second phases) is 25 years from
the first power generation and feed into
the grid (according to the current RES
scheme, this is up to 15 years). A negative
balance will be settled by the Settlement
Operator (a state-owned corporation
– Zarządca Rozliczeń S.A.) on an annual
basis. The quantity of electricity (expressed in MWh) cannot exceed the product
of:
(1) 100,000 hours; and
(2) the installed capacity of the
OWF, or its part, is as indicated
in the power generation licence
(but no more than the capacity
specified in the ERO decision or
in the auction bid).
The electricity generation and transmission devices installed in the OWF need
to have been manufactured less than
72 months before the first electricity
generation.
The right to the support can be transferred.
28 The form of the deposit can be changed once a year.
2.4 Timeframe for the realisation
of the project
According to the Offshore Wind Act, the
recipients of the decision of the ERO as well
as successful bidders are obliged to generate electricity (after obtaining the power generation licence) and feed it into the grid for
the first time within seven years of the date
of the ERO’s final individual decision, or the
bid award. The operator’s failure to comply
with these deadlines is sanctioned with the
loss of 100 % of the security amount, unless
it can prove that it was not liable for this
failure. In the case of an admissible decrease
of the declared capacity, 50 % of the security
amount corresponding to this decrease is
also lost.
