OFFSHORE WIND FARMS

KIELTYKA GLADKOWSKI deals with professional consultancy on topics related to wind farms.

Offshore wind farms

Our law firm has been dealing with new technologies law for many years, which allowed us to gather the necessary experience.

The problem of offshore wind farms in Poland has been discussed for years. The first applications for the possibility of creating them were submitted 20 years ago, but now in connection with, inter alia, the policy of the European Union, striving for the principled role of renewable energy, the role of offshore wind farms is increasing. An expression of this path in the Polish legal system is, inter alia, Strategy developed by the Ministry of Climate and Environment – Poland’s energy policy until 2040 [1]. The project assumes the optimal use of own energy sources, the implementation of nuclear energy and the aforementioned implementation of offshore wind energy, defined as the second pillar, i.e. a zero-emission ecological system. Recent events regarding the construction of 3 nuclear power plants in Poland show that the above-mentioned plan will be implemented gradually, which will undoubtedly lead to the creation of wind farms and photovoltaics, because in accordance with the energy policy strategy until 2030, renewable sources are to constitute 32% of energy sources in Poland.

KIELTYKA GLADKOWSKI provides legal assistance in all aspects of the legal environment of photovoltaics and other renewable energy sources.

It is worth noting that this process, according to a report by the Supreme Audit Office, may not be completed by 2024, and one of the reasons is the complex legislation and the huge number of procedures and requirements necessary to become an offshore wind farm operator [2].

Our law firm helps clients to familiarize themselves with the legal environment, interpretation of regulations and arranging time-consuming procedures required to start a business in this sector.

Procedure

Pursuant to the applicable regulations, the construction of offshore wind farms requires a permit issued by the minister responsible for maritime economy. KIELTYKA GLADKOWSKI advises in the process of obtaining the permit in question. The aforementioned permit is first of all assessed by the ministers competent for the following matters:

• state assets;
• energy;
• economy;
• climate;
• culture and protection of national heritage;
• fisheries;
• The Minister of National Defense and
• Head of the Internal Security Agency.

This opinion must be issued within 90 days, otherwise it is interpreted as issued without reservations.

The regulations also enumerate restrictions that do not allow the construction of an offshore wind farm, such as e.g.

• maritime safety;
• danger for environment, marine or undersea resources, including rational management of mineral deposits. This was emphasized in the judgment of the Supreme Administrative Court of 23 January 2015 (reference number II OSK 1391/13), in which the court confirmed that the construction of a wind farm that could have a negative impact on living sea resources, and would also prevent or hinder the operation of fishing in the farm area is not allowed.

KIELTYKA GLADKOWSKI deals with the legal preparation of opinions aimed at indicating the absence of contraindications to the construction of offshore power plants.

The aforementioned application, in the preparation of which KIELTYKA GLADKOWSKI specializes, must contain, in accordance with the Act, inter alia:

• name, registered office and address of the applicant;
• a detailed description of the project that requires a permit and its purpose;
• the proposed location specified in geographic coordinates, but within the limits permitted by law;
• description of the potential impacts of the planned project on the environment and its natural resources, both living and mineral, and their assessment;
• description of the technology of the planned project

The base fee for submitting the application is PLN 1,500, however, depending on several factors, it may increase.

In addition to meeting the above requirements, a very important element is also meeting strictly technical requirements, which is also advised by KIELTYKA GLADKOWSKI. Such requirements include:

• metering and billing systems enabling the determination of the amount of electricity generated and fed into the grid in individual imbalance settlement periods, as well as metering and billing systems enabling the determination of the amount of energy not fed into the system.

The above example is a result of the connection of an offshore wind farm to the offshore grid, which is decided by an energy company, but in the event of a refusal, the higher authority may be the President of the Energy Regulatory Office.

Other requirements for an offshore wind farm include, inter alia, security issues, related to:

• construction;
• fire;
• usage.

Another important element specified by law in the open catalog is the delegation issued to the minister responsible for climate matters, who, after consulting the minister responsible for construction, will present, by way of a regulation, technical parameters, which include:

• minimum operational life of the set of devices used for power evacuation;
• requirements for telecommunications devices and systems;
• requirements for operational procedures and inspections.

Other requirements for the construction and operation of offshore wind farms include, for example:

• shipping safety;
• state defence;
• protection of the marine environment.

The Act also specifies a number of required expert opinions and plans, which are approved by the Director of the Maritime Office by way of a decision, within three months of their receipt, in which KIELTYKA GLADKOWSKI supports its foreign clients due to many years of experience in contacts with administrative authorities in all regulatory matters. The aforementioned expert opinions and plans include e.g.

• navigation expertise in the field of assessing the impact of an offshore wind farm and a set of devices on the safety and efficiency of ship navigation in Polish sea areas;
• technical expertise in the field of assessing the impact of an offshore wind farm and a set of devices on the National Maritime Safety System.

Other expert opinions include, among others:

• technical expertise in the field of assessing the impact of an offshore wind farm and a set of devices on the state defence systems, including the radiolocation imaging system, technical observation, maritime radio communication and the air traffic control system of the Polish Armed Forces; approved by the Minister of National Defence, within 3 months of the transfer;
• technical expertise in the field of assessing the impact of an offshore wind farm and a set of devices on the radiolocation imaging system, technical observation and maritime radio communication of the Border Guard; approved by the minister responsible for internal affairs, within 3 months from the date of submission.

The entire procedure for establishing and commissioning offshore wind farms is complicated, time-consuming and very formalistic. Starting a business by a manufacturer requires obtaining a dozen or so approvals issued by state administration bodies and meeting many conditions for which professional assistance is required, which is offered by KIELTYKA GLADKOWSKI.

Executive acts:

• Act of March 21, 1991 on the maritime areas of the Republic of Poland and maritime administration (Polish Journal of Laws 2022.457);
• Act of 18 August 2011 on maritime safety (Polish Journal of Laws 2022.515);
• Act of 17 December 2020 on promoting electricity generation in offshore wind farms (Polish Journal of Laws 2022.1050);
• Regulation of the Minister of Climate and Environment of 25 May 2022 on detailed requirements for elements of a set of devices for power evacuation and for elements of power stations located at sea (Polish Journal of Laws, Journal of Laws 2022.1257);
• Other implementing acts: over 130.

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[1]https://www.gov.pl/web/klimat/polityka-energetyczna-polski

[2]https://www.nik.gov.pl/plik/id,26348,vp,29136.pdf