The Winds of Change at Sea – Key Amendments to the Offshore Act
The government bill amending the Act on Promoting Electricity Generation in Offshore Wind Farms and certain other acts (Sejm print no. 1746) marks another step in supporting the development of offshore wind energy in Poland. The document, prepared by the Ministry of Climate and Environment, aims to streamline the investment process, increase the sector’s attractiveness to investors, and implement EU regulations arising from the RED III Directive.
As noted in the explanatory memorandum, the current regulatory framework for offshore wind energy does not provide sufficient mechanisms for the efficient development of offshore wind farms – the investment process is lengthy, and the lack of precise rules on grid connections and auctions delays projects that are strategically important for the country’s energy transition. The amendment seeks to shorten and simplify procedures, enhance predictability within the support system, and enable more effective use of the potential of Polish maritime areas.
Conditional Pre-qualification
The amendment introduces a mechanism of conditional pre-qualification for auctions. It will allow investors to obtain a preliminary certificate from the President of the Energy Regulatory Office (URE) confirming eligibility to participate in an auction, even if the applicant is still awaiting the environmental decision. This solution is intended to reduce the risk of project paralysis by enabling advanced projects to participate in auction proceedings while still awaiting their environmental permits.
The preliminary certificate will remain valid for 12 months from the date of issuance. However, it will not in itself entitle the holder to take part in the auction. Once the outstanding environmental decision is submitted, the President of URE will re-verify the application’s formal correctness within 14 days.
Utilisation of Unused Capacity from Phase I of the Support Scheme
The bill proposes changes enabling more efficient use of unused capacity within areas covered by Phase I of the offshore support system. Under the new rules, if a Phase I wind farm has not fully utilised the capacity specified in its location permit, the remaining capacity may be used in Phase II through the development of a second project in the same area.
The capacity of the new installation may not exceed the difference between the maximum capacity permitted and the capacity already benefiting from support. To prevent Phase I projects from disproportionately burdening future auctions, a 200 MW cap on the total capacity of such projects has been introduced. If this cap is exceeded, offers will not qualify for auction resolution.
The amendment also enables the conversion of existing grid connection conditions or connection agreements into so-called preliminary connection conditions for the unused portion of capacity, together with rules governing the return of securities and costs incurred by operators. This approach will facilitate fuller utilisation of existing infrastructure.
Possibility to Submit Two Auction Bids within a Single Location Area
The draft legislation allows for two separate auction bids for offshore wind farms located within the same area listed in Annex 2 to the Offshore Wind Act, provided each project has a distinct power evacuation route. The intention is to provide a legal framework enabling the development of two projects within a single location, while preventing excessive fragmentation of location areas.
The total capacity of both installations may not exceed the maximum capacity specified in the permit for the construction of artificial islands (PSZW), and the smaller farm must account for at least 25% of that capacity. The rules also stipulate that both farms may not obtain support in the same auction.
Removal of the URE President’s Pre-Verification Obligations and Introduction of an Intervention Auction
The amendment introduces deregulatory changes to auction procedures. Provisions requiring the President of URE to verify in advance the number of issued certificates of auction eligibility and outstanding applications will be removed. The change is intended to allow for more flexible verification immediately before the auction, which should increase competitiveness and streamline proceedings. Additionally, a one-off “intervention auction” may be held in 2026 if the auction planned for 2025 fails due to an insufficient number of valid bids.
Other Changes
The amendment also brings several important changes to financial support mechanisms. First, it introduces the option to settle negative balances in euros, offering investors greater financial stability amid currency fluctuations. Second, the indexation rules for support will be modified – annual indexation, previously based on inflation, will be capped at the medium-term inflation target set by the Monetary Policy Council. This aims to reduce excessive volatility in support system costs while maintaining predictable revenue streams for investors.
The Act also clarifies provisions relating to project phasing, electricity sales during the temporary use permit period, and introduces the possibility of making minor adjustments to turbine or substation foundations in the event of unforeseen geological conditions. Such “micro-adjustments,” permitted without obtaining a new permit, are intended to prevent costly delays and simplify administrative oversight of offshore developments.
In parallel, the bill introduces new planning tools into the Renewable Energy Sources Act, including renewable energy potential maps and renewable energy acceleration areas (OPRO). These instruments, which implement elements of the RED III Directive, are designed to identify areas with the highest potential for renewable energy installations and related infrastructure. Based on maps prepared by the Minister for Climate, areas will be designated where investments may proceed under simplified, accelerated administrative procedures.
The amendment also modifies several other acts, including the Energy Law, the Act on Maritime Areas of the Republic of Poland and Maritime Administration, the Construction Law, the Maritime Safety Act, and the Renewable Energy Sources Act.
When Will the Act Enter into Force?
The Act is expected to be adopted in the fourth quarter of 2025 so that the new provisions take effect before the first offshore auction. The bill was adopted by the Sejm on 9 October 2025 and is currently awaiting consideration by the Senate. The Act will enter into force 14 days after its publication in the Journal of Laws.
Dominika Sawicka – Managing Associate – Attorney-at-Law
Madalena Parzybut – Junior Associate – Trainee Attorney-at-Law
