Audit no. P/24/054/LGD
The wind energy industry is one of key elements of energy transformation in our country due to an increasing demand for renewable energy sources (RES), the need for environmental protection and climate obligations under the EU policy. It is also particularly important in the context of high energy prices in Poland, higher than in many other European countries (November 2024), which is largely caused by a significant share of coal in electricity production. Traditional energy sources become less and less profitable due to their limited resources, high environmental costs and legal regulations promoting decarbonisation. Eliminating barriers for wind power industry both onshore and offshore may ensure safety and energy independence to Poland.
However, an amendment to the Act on investments of 2023 defining the minimum distance between houses and wind power plants (700 m instead of the previously planned 500 m) may result in a double drop in development capacity of the onshore wind power industry, thus limiting the area available for investments.
Poland’s capacity in terms of marine wind power industry is considerable. According to forecasts until 2050, Poland’s offshore wind power development capacity is 28 GW, which makes it over one third of the entire Baltic Sea.
Legal conditions for the location and construction of wind power plants (particularly the ones concerning distance from houses, environmental protection, administrative procedures) have a decisive impact on the development of those onshore wind power plants. NIK proves that in this audit covering the years 2022–2024.
Key audit findings
Administrative bodies took proper and reliable activities in the audited period to provide legal conditions for the location and construction of wind power plants in Poland. Those activities were insufficient, though.
The Polish government administration used national and international data to analyse legal barriers related to the location and construction of wind power plants. These analyses underlie new provisions supporting the development of wind power industry. Activities of the Minister of Climate and Environment and the Minister of Infrastructure contributed to the implementation of legal changes which helped eliminate some obstacles for wind investments, including statutory changes of March and August 2023.
Besides, transposition of the EU Renewable Energy Directive (RED II) into the Polish law was not completed in time (over 3.5 years’ delay), which may result in sanctions from the EU. By the end of the audit, the Minister did not fully implement provisions of the RED II and RED III directives. As a consequence, Poland lacks simple procedures for settling disputes or a quick path for administrative and court appeals. The Ministry did not explain reasons for the delays or the state of preparation of the missing regulations.
Also, according to NIK the Ministry of Climate and Environment did not take sufficient steps to precisely investigate and designate the best sites for the development of renewable energy sources, including wind energy, As a result, the deadlines under the National Recovery and Resilience Plan as well as the EU Directives RED II and RED III are threatened.
By the end of the audit, the Minister of Climate and Environment did not submit an update of the National Plan for Energy and Climate for 2021–2030 to the European Commission, although the deadline passed on 30 June 2024. Additionally, the Minister prepared an updated Energy Policy of Poland until 2040 (PEP2040) with delay. This Policy highlights development priorities for the power industry in Poland and its safety. Already in 2022, the Council of Ministers indicated that the energy policy adopted in 2021 does not reflect the current geopolitical and economic situation.
In the audited period, there was a procedure going on in the Maritime Office in Gdynia related to developing 11 drafts of maritime area development plans. None of them, though, specified the location of offshore wind power plants, since the drafts did not cover the exclusive economic zone, in which the construction and use of offshore wind farms is allowed. Only one draft maritime development plan was indirectly related to the location and construction of offshore wind farms. The draft was submitted to the Minister of Infrastructure in 2023, along with the forecast of environmental impact. By the end of the audit, the plan was not approved in the Maritime Office.
Recommendations
To the Minister of Climate and Environment to take system and organisational measures in the Ministry to:
- immediately develop and submit to the European Commission an update of the National Plan for Energy and Climate for 2021–2030;
- immediately prepare an update of PEP2040;
- immediately prepare and submit to the Council of Ministers draft legal acts to fully transpose the RED II Directive;
- immediately prepare drafts of legal acts and solutions implementing Article 16 (5 and 6) of the RED II Directive (implemented with the RED III Directive);
- streamline the mapping process to meet deadlines for this task.
