Opinia prawna na temat sprawozdania Komisji Infrastruktury o poselskim projekcie ustawy o inwestycjach w zakresie elektrowni wiatrowych
Legal opinion on the report of the Sejm Infrastructure Committee concerning a Deputies’ bill on investments in wind power stations (Sejm Paper No. 365)

Summary/Abstract: Some provisions of the proposed bill are incompatible with European Union law. They violate the principle of proportionality. The proposed draft law can also affect effective implementation by Poland of its obligations resulting from Directive 2009/28/EC (15% share of energy from renewable sources in gross final energy consumption in Poland in 2020). The mechanism of re-applying for a decision authorizing the operation of the wind power plant can be regarded as a formality that discourages service providers from doing business. The charges provided for in the bill are in contradiction to this provision, because they are not reasonable and proportionate to the cost of the authorization procedures. The bill is subject to notification, the initiation of the notification procedure does not preclude the adoption of the proposed legislation. The consequence of failure to notification may be the finding by the courts of the ineffectiveness of the provisions of the bill, as well as the commencement of proceedings against Poland under Article 258 TFEU.

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