Updated December 2022
The Government has proposed legislation on CECs, but there is no legislation on RECs available. The transposition of the CEC in the proposed legislation technically covers the requisite participation criteria. It details a standard of effective control, which will help establish legal clarity. However, there is an inherent geographical proximity requirement for CECs, which will significantly limit the scope where CECs can operate, potentially violating their rights to participate in activities that are covered by EU legislation. Additionally, geographical proximity is not a requirement for CECs, meaning that the definition is overly-restrictive. The stated purpose of a CEC in the transposed legislation is also more restrictive and based on technical activities than the Electricity Directive, which is framed around social innovation. Given the expansive number of legal entities allowed to become CECs, the lack of an oversight or compliance mechanism creates a significant risk of abuse.
Overall, Poland has not transposed the provisions for RECs, so there is no enabling framework in place and energy communities are not taken into account in the design of the national support scheme for renewables. Also, an assessment of barriers and potential for their development is missing.
Assessment of obstacles and potential for development of ECs
Removal of unjustified regulatory & administrative barriers
DSO duties around cooperation with ECs and facilitation of energy sharing
Fair, proportionate, and transparent registration & licensing procedures
Incentives connected to network tariffs based on a CBA
Non-discriminatory treatment as market participant
Accessibility to low-income & vulnerable households
Tools to access finance
Tools to access information
Regulatory capacity building for public authorities
NECP reporting on enabling frameworks
Member States are required via the Governance Regulation (2018/1999) to report on their enabling frameworks for RECs by 15 March 2023.