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RES

The Law Firm offers comprehensive legal services for investors and those who produce energy from renewable sources in already operating facilities. Our lawyers ensure that both existing and planned RES projects obtain all permits necessary for the facilities to participate in the RES auction carried out on the basis of the Renewable Energy Sources Act (the RES Act). For the operating RES facilities (wind farms, biogas plants and photovoltaic systems) the Law Firm provides a full range of legal and regulatory services, in particular with regards to negotiations of offtake agreements and the agreements for the sale of the property rights arising from certificates of origin.

The detailed scope of legal services provided by our Energy Law Team includes:

  • Preparation of RES projects for participation in the RES auction carried out by the President of Energy Regulatory Office (ERO), pursuant to the Renewable Energy Sources Act. Obtaining, for existing facilities, the acknowledgment that the declaration of accession to the RES auction was accepted. For planned projects, our lawyers provide the formal evaluation procedure, according to the Renewable Energy Sources Act, by preparing the application for certificate of admission to the RES auction and obtaining such certificate.
  • The lawyers provide legal services related to negotiation and conclusion of agreements for sale of electricity produced in the RES facilities (PPA), sale of electricity both to buyers obliged to purchase for the price established by the ERO, and to independent trading companies,
  • Our Law Firm provides legal services covering negotiation and conclusion of agreements for sale of property rights arising from both the green certificates (PM_OZEA) and the blue certificates (PM_OZE-BIO),
  • Our lawyers draw up and negotiate leases, tenancy and transfer easement agreements to acquire the real property for wind and photovoltaic farm investment projects,
  • The Law Firm provides legal services regarding the conclusion of project contracts for the RES facilities, in particular EPC contracts, TSA, BOP contracts, service agreements and wind measurement contracts.
Our successful projects
RES energy producer

Obtaining a certificate of admission to the RES auction for a biogas plant project.

RES energy producer

Preparation of calculations, in accordance with the Renewable Energy Sources Act, regarding the maximum permissible value of public assistance which may be awarded at a RES auction to a producer of electricity from a renewable energy source for a given plant using a renewable source of energy.

RES energy producer

Negotiation of agreements for sale of electricity from RES plants for projects with a power output exceeding 400 MW, both with obliged suppliers (previously suppliers of last resort) and with independent trading companies.

RES energy producer

Negotiation of agreements for sale of property rights arising from Certificates of Origin (green certificates) for projects with a power output exceeding 400 MW.

RES energy producer

Negotiation and preparation of agreements for sale of property rights arising from the Agricultural Biogas Certificates of Origin (PM_OZE-BIO blue certificates).

RES energy producer

Negotiation and preparation of agreements for sale of Guarantees of Origin for a plant with a power output of over 100 MW.

Electricity trading company

Legal implementation and preparation of legal regulations for launching an electronic trading platform for trading property rights arising from green Certificates of Origin (PM_OZEA) and from blue Certificates of Origin (PM_OZE-BIO.)

Raczyński Skalski & Partners
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