Polish energy at a crossroads: key legal changes for renewable energy development

The Polish energy sector faces both a significant challenge and a major opportunity. The country’s biggest players—Orlen, Tauron, and Enea—are presenting ambitious investment strategies aimed at the development of renewable energy sources (RES) and achieving climate neutrality. However, without legislative support from the government, the implementation of these plans may encounter serious obstacles.

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10 february 2025   |   13:37   |   Source: PAP / Gazeta Morska   |   Prepared by: Kamil Kusier   |   Print

fot. Baker McKenzie

Massive investments in green energy

In the coming years, Poland’s energy sector will witness a surge in RES investments:

• Orlen plans to allocate between PLN 8 and 15 billion annually for energy projects until 2035, with a strong focus on renewables.
• Tauron intends to invest PLN 30 billion in green energy by 2035.
• Enea forecasts expenditures of PLN 36 billion for RES development in the same period.

These investments aim to increase RES generation capacity to 22 GW, a substantial rise from the current level of just under 3 GW. This radical transformation has the potential to reshape the Polish energy landscape.

Legal barriers slowing down development

Experts at Baker McKenzie point out that without necessary legal reforms, the realization of these plans could be hindered. Key changes include:

• Reforming the distance act to enable the development of onshore wind farms.
• Implementing the RED III directive, which accelerates permitting procedures for RES investments.
• Finalizing Poland’s national energy and climate plan (NECP) with the European Commission, setting clear pathways for sector transformation.
• Regulatory changes in grid connections, allowing better utilization of energy storage potential.

The largest players in Poland’s energy market have presented very ambitious plans to achieve climate neutrality, which will ultimately lead to a complete transformation of the national energy sector, says Agnieszka Skorupińska, partner at Baker McKenzie. - Their success, however, depends on swift legislative action to facilitate project execution.

Different strategies, shared goals

Each company has its own approach to achieving climate neutrality:

• Orlen is investing in onshore and offshore wind farms, photovoltaics, small modular reactors (SMRs), as well as biogas and hydrogen development. By 2035, it aims to reduce emissions intensity by 55% and completely phase out coal-based energy production.
• Tauron plans to phase out coal in heat production by 2030 and reach climate neutrality by 2040.
• Enea aims to cut its coal dependency in electricity generation from the current 89% to 18% by 2035.

However, Tauron faces significant regulatory challenges—specifically, the lack of amendments to the distance act, which prevents new onshore wind projects and directly impacts the company’s strategy.

Impact on the economy and the maritime sector

RES development on such a large scale means not only changes in the energy sector but also substantial benefits for the entire economy. Investments worth tens of billions of zlotys annually will drive demand for subcontracting services, particularly in the construction and industrial sectors.

- Entities involved in investment processes in the energy market, both as suppliers and contractors, should closely monitor the developments. The next 10 years could be a period of intense growth for the entire industry, Agnieszka Skorupińska adds.

For coastal regions, offshore wind power will be a critical pillar of Poland’s energy transition. Therefore, accelerating legislative changes and investing in ports and infrastructure to support offshore wind farms is essential.

The biggest energy players in Poland have ambitious plans, but their success largely depends on legislative support. Expedited legal reforms could accelerate Poland’s energy transition while also boosting economic growth. Coastal regions, in particular, stand to benefit significantly from offshore wind investments, becoming a key part of the country’s renewable energy transformation.

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