Given the dynamic development of the renewable energy sector and the energy transition, electricity storage facilities are becoming a key element of the power system in Poland. In June 2025, the Energy Regulatory Office prepared a comprehensive information package on the licensing procedure for electricity storage facilities (MEE), which was published on the URE website. Below we present an analysis of the legal requirements necessary to obtain a license for electricity storage in the Republic of Poland.
1. Entities required to obtain a license for MEE electricity storage
In accordance with the applicable provisions of the Energy Law, the obligation to obtain a license issued by the President of the Energy Regulatory Office applies to electricity storage facilities with a total installed capacity of more than 10 MW. Entrepreneurs planning to operate smaller installations (from above 50 kW to 10 MW of installed capacity) do not need to apply for a license – an entry in the register kept by the relevant electricity system operator is sufficient. The smallest electricity storage facilities (e.g., home energy storage facilities with an installed capacity of up to 50 kW) are not subject to either a license requirement or registration – in their case, a standard grid connection procedure in accordance with the operator’s technical conditions is sufficient.
It should be noted that in the case of electricity storage facilities, the installed electrical capacity of the storage facility is calculated for all electricity storage devices within the investment – collectively, which results from the specifications of these devices and the possibility of combining them into groups constituting a unit with a total installed capacity.
2. Legal requirements for obtaining a license for electricity storage (MEE)
An entrepreneur planning to conduct activities in the field of electricity storage within an electricity storage facility with an installed capacity of more than 10 MW must meet a number of formal and legal requirements, technical and financial requirements specified in detail both in the Energy Law and in the latest information package of the President of the Energy Regulatory Office published in June 2025 on the URE website.
The most important requirements for obtaining an MEE license resulting directly from Article 33(1) of the Energy Law are:
- the obligation to have a registered office or place of residence within the European Union (or in an EFTA country belonging to the EEA, Turkey, or Switzerland),
- having sufficient financial resources to ensure the proper performance of activities, or documenting the ability to obtain such resources,
- having the technical capabilities (in the form of appropriate infrastructure and technology) to ensure the proper storage of electricity,
- ensuring the employment of persons with appropriate professional qualifications,
- obtaining the required administrative decisions concerning the Investment, such as zoning conditions, building permit, permit for the use of the electricity storage facility,
- no tax arrears, confirmed by relevant certificates.
3. Refusal to grant a license for electricity storage (MEE) by the President of the Energy Regulatory Office
The Energy Law also stipulates to whom the President of the Energy Regulatory Office must refuse to grant a license for electricity storage. These are entities that:
- are in bankruptcy or liquidation,
- have had their license revoked in the last 3 years due to a violation of the law or have been removed from the register of regulated activities in the last 3 years due to a decision prohibiting the applicant from performing the activities covered by the entry,
- have been convicted of a crime related to business activity,
- are not registered as active VAT payers, despite being required to do so.
The Act doesn’t provides for a limit on the number of attempts to obtain an MEE license, but it should be noted that an incomplete application will be left unconsidered by the President of the Energy Regulatory Office, and applicants who do not meet the conditions set out in the Energy Law and the Energy Regulatory Office’s information package will be refused a license for electricity storage.
4. Detailed requirements for obtaining an electricity storage license (MEE)
The information package issued by the Energy Regulatory Office in June 2025 set out detailed requirements that must be met by an entrepreneur applying for an electricity storage license (MEE). In addition to the standard formal and legal documents required when applying for a license (including a license for electricity generation or a license for electricity trading), such as:
- a current extract from the National Court Register (KRS) of the applicant,
- certificates of no criminal record of the applicant and persons representing them from the National Criminal Register,
- a list of persons authorized to represent the applicant,
- statements of compliance with statutory conditions,
The applicant must also demonstrate that it has the appropriate technical and financial capabilities, network connection, and will ensure the safety of the installation when carrying out its activities.
5. New requirements of the Energy Regulatory Office (URE) for obtaining a license for electricity storage (MEE)
In addition, in the new information package, the President of the Energy Regulatory Office required applicants to submit additional documents closely related to the specific nature of electricity storage activities, such as:
- development plan for meeting future and current energy demand,
- a statement that all persons employed in the operation of the electricity storage facility hold qualification certificates,
- power input diagrams with precise markings,
- a report from the last inspection carried out by the State Fire Service in the field of fire protection.
The full list of requirements can be found in the information package for entrepreneurs intending to conduct business activities involving electricity storage (MEE), which has been published on the URE website.
6. Duration of the concession procedure for granting a concession for electricity storage (MEE)
The Energy Regulatory Office considers applications for concessions for electricity storage within the time limits specified in the Code of Administrative Procedure. The completeness of the submitted documentation is of key importance – the President of the Energy Regulatory Office calls for any deficiencies to be remedied within a minimum of 21 days, and an incomplete application will not be considered, while the deadline for considering a concession application begins only on the date of submission of complete documentation to the authority considering the case. The cost of obtaining a license for electricity storage is PLN 616, and the cost of extending the validity period or expanding the scope of licensed activities is PLN 308.
7. Sanctions for violating the terms of the electricity storage license (MEE)
The President of the Energy Regulatory Office has a number of sanctioning instruments at his disposal, which may be imposed on the licensee in the event of violations of the terms of the electricity storage license. In the event of a violation, the President of the Energy Regulatory Office may:
- impose a financial penalty on the licensee of up to 15% of the entrepreneur’s revenue,
- revoke the license in the event of a gross violation of energy law by the licensee,
- restrict the scope of the license in the event of a minor violation,
- suspend the license until the licensee remedies the violation.
The applicant must bear in mind that after obtaining a license for electricity storage (MEE), a number of new obligations arise, starting with the obligation to conduct activities within the scope specified in the license decision (with regard to the location of the energy storage facility or installed capacity). The licensee is also required to submit regular reports on its licensed activities to the Energy Regulatory Office (URE), as well as to pay annual license fees and notify the URE of any changes in data.
8. Summary
The introduction of an information package for obtaining a license for electricity storage (MEE) by the Energy Regulatory Office is a significant change for future licensees. Until now, applicants have relied on information derived directly from energy law provisions and information packages concerning other licenses in the area of electricity generation and trading. The information package clearly outlines which documents are necessary for the Energy Regulatory Office to approve an application and what requirements a future licensee must meet.
However, it should be borne in mind that during the licensing procedure, the Energy Regulatory Office has the right to request additional explanations and documents that it deems relevant, beyond those specified in the Energy Law and the URE information package.
9. Recommendations from the law firm’s lawyers before submitting an application for an electricity storage license (MEE)
Based on their experience in obtaining licenses for the law firm’s clients, the lawyers of the energy law department at RSP Legal recommend that before submitting an application for a license, you should:
- carefully review the information package issued by the Energy Regulatory Office (URE) in June 2025, which contains a list of documents that must be submitted to the authority together with the application for a license,
- prepare comprehensive technical documentation for the planned investment,
- verify that all formal conditions for granting an electricity storage license (MEE) have been met before submitting the application in order to shorten the procedure.
Our law firm provides services related to the preparation of applications for electricity storage concessions (MEE). At the request of our clients, we conduct the entire concession procedure before the President of the Energy Regulatory Office (URE), or we prepare only specific parts of the concession application.
If you are interested in our offer, please contact us:
by email at kancelaria@rsplegal.pl
or via the form available at the following link: https://rsplegal.pl/en/contact/
