18 Jul 2023 .

Navigating Regulatory Challenges in Poland's Offshore Wind Sector

Offshore Wind foundations

As we gaze upon the horizon of Poland's energy industry, the silhouette of offshore wind farms is emerging with promise, charting a new course for the country's renewable energy ambition. Poland has set sail towards a sustainable future, with a national goal to generate a noteworthy 11 GW of power through offshore wind technology by 2040, in an industry characterized by a balance of opportunities and challenges.

The nation's offshore wind journey, though in its nascent stages, is propelled by recent strides such as the granting of permits for offshore wind farm construction and financial support decisions, many more of which are pending. Poland's offshore wind industry is drawing insights from the well-trodden path of other countries, primarily in the Baltic and North Seas regions. With the opportunity to apply these well-established technological solutions, Polish companies are staring at a sea of possibilities that encompass acquiring industry knowledge and fostering a long-term offshore wind project skillset. Yet, they also face an undercurrent of concerns about the competitiveness of domestic companies in the global market.

The West Pomeranian Region, known for its robust steel, machinery, and large-scale construction industries, stands as an intriguing prospect for offshore wind energy projects. A constellation of local businesses is already poised to contribute at various stages of OWF project development, their experience fortified by longstanding cooperation with the offshore and onshore wind power sectors. Yet, the lack of local companies specializing in wind farm foundations and operation, service, and maintenance of power plants is a critical gap that needs to be bridged.

The Polish offshore wind voyage is set to navigate through a planned route of seven projects totalling a capacity of 5.9 GW, backed by Rafał Gawin the President of the Energy Regulatory Office (Urząd Regulacji Energetyki (URE)). These projects stand as a testament to the country's commitment to renewable energy, despite the initial offshore wind farm not likely being operational by 2026. These early milestones are bolstered by the Polish government's strategic decisions, including regulations promoting electricity generation in offshore wind farms, procedural improvements for quicker project implementation, and a spatial development plan designating 2.34 thousand km2 for offshore wind farm construction.

Source: "The Potential of Westpomeranian Region" by Polityka Inisght

 

The Polish offshore wind narrative, while still being written, boasts of significant projects that are propelling the industry forward. This includes the Baltic Power project spearheaded by PKN ORLEN S.A. and Northland Power Inc., and Baltica 3, a joint venture by PGE Polska Grupa Energetyczna and Ørsted, which are anticipated to commence operations in 2026. These high-capacity projects, along with others, stand as the pillars upon which Poland's renewable energy future is being built.

According to the The Polish Wind Energy Association, Poland's offshore wind power capacity is projected to rise to about 6.3 GW in 2030, 12 GW in 2040, and an impressive 28 GW in 2050. This green expansion holds potential to significantly boost Poland's GDP and create new jobs, with a primary focus on the coast.

To encourage the growth of the sector, the Act on promoting the generation of electrical energy in offshore wind farms was instituted, requiring applicants to submit a plan outlining the use of local materials and services. Additionally, the Polish Offshore Wind Sector Deal was signed to foster cooperation and enhance the participation of Polish companies in the development of offshore wind farms.

While the course for Poland's offshore wind industry has been plotted with careful consideration and planning, there are factors to keep in mind. Despite the optimistic projections and robust legislative framework, the extent of Polish involvement may be constrained by factors such as limited experience and the need for clearer definitions around what constitutes a 'local' company. It's crucial for Poland to address these gaps in order to chart a sustainable course for its offshore wind sector.

The geographical advantage of the West Pomeranian Region cannot be underestimated either. Its proximity to Western Europe and Scandinavia's key markets, combined with excellent transport connections and a well-developed port infrastructure, makes it a prime contender for offshore wind farm development. But the regional seaports, while being pillars of the Polish economy, are in need of modernization and expansion to better facilitate offshore wind projects.

As the winds of change continue to sweep across the energy landscape, Poland stands on the precipice of a new era. The projected growth of its offshore wind industry is not just an exercise in power generation, but a testament to the country's commitment to a cleaner, greener future. If navigated with finesse and foresight, this journey could usher in an unprecedented wave of technological innovation, economic growth, and environmental stewardship.

In conclusion, the offshore wind industry in Poland, while nascent, is teeming with potential. The country's dedication to achieving ambitious renewable energy targets is commendable, and with continued investment, legislative support, and the harnessing of international expertise, Poland's offshore wind industry can become a beacon of sustainable development for the world to follow.

However, to transform this potential into reality, it is essential for Poland to equip its domestic companies with the skills and resources needed to compete on the global stage. The journey ahead may be filled with both fair winds and stormy seas, but with a steadfast commitment and strategic manoeuvring, Poland's offshore wind industry has all the makings of a success story. Indeed, as we look to the horizon, it's clear that Poland's offshore wind journey has only just begun.

 

Current Regulatory Landscape

Poland's regulatory framework for offshore wind is relatively nascent but evolving rapidly. The Offshore Wind Act, passed in 2021, marked a significant step forward, providing a legal framework for the development of offshore wind farms. New regulation introduced a two-phase support system, consisting of a decision by the President of the Energy Regulatory Office on the maximum volume and price of electricity generated in the offshore wind farm, and an auction system.

 

The Offshore Wind Act has been a game-changer for the offshore wind sector in Poland. According to the Polish Wind Energy Association's report, the Act has set a clear path for the development of offshore wind energy in the country. It has established a regulatory framework that allows for the development of offshore wind farms, with a target of 5.9 GW of capacity by 2030. This ambitious target reflects the vast potential of the Baltic Sea, which is estimated to have a total offshore wind capacity of 10 GW.

However, the Act also presents certain challenges. One of the key challenges is the requirement that projects must be operational within seven years of the grant of the concession. This is a demanding requirement given the long lead times typically associated with offshore wind projects. Offshore wind projects typically take around 10 years from the initial planning stages to the start of operations. This means that companies will need to accelerate their project timelines to meet this requirement.

The Act also stipulates that the electricity produced from offshore wind farms must be sold on the competitive market after the support period. This provision, while aimed at promoting competition, could potentially pose financial risks for developers, particularly in a market characterized by fluctuating electricity prices.

Another challenge is the issue of grid connection. The Act does not address this critical issue, which is governed by separate legislation. The Energy Law and the Transmission Grid Operation Instructions set out the rules for connecting to the grid. Obtaining a connection agreement can be a complex and time-consuming process. Companies must also navigate the technical challenges of integrating offshore wind power into the grid, which may require significant upgrades to existing infrastructure.

The Act also does not address the issue of environmental protection. Offshore wind farms must comply with the provisions of the Environmental Protection Law, and projects are subject to an environmental impact assessment. According to the Act amending the act on maritime areas of the Republic of Poland and maritime administration, potential impacts on marine ecosystems, bird migration routes, and the landscape must be carefully assessed and mitigated.

Despite these challenges, the Offshore Wind Act has been instrumental in stimulating the growth of the offshore wind sector in Poland. According to DNV, a leading provider of risk management and quality assurance services, the Act has provided a clear and stable regulatory framework that has attracted significant investment in the sector. DNV has published the world's first certification guidance for energy islands and offshore wind farms in Poland, which addresses the certification of energy islands and offshore wind farms in Poland. This guidance will support companies in meeting the regulatory requirements and ensuring the safety, quality, and reliability of their offshore wind assets.

In addition to the Offshore Wind Act, there are several other pieces of legislation that regulate the offshore wind sector in Poland. These include the Energy Law, the Environmental Protection Law, and the Maritime Areas Act. These laws cover a wide range of issues, from grid connection and environmental protection to maritime safety and the use of maritime areas for offshore wind projects.

 

Legal Challenges and Compliance

Navigating the regulatory environment in Poland's offshore wind sector requires a deep understanding of both the Offshore Wind Act and the broader legal context, including environmental regulations, maritime laws, and grid connection rules. Developers must ensure rigorous compliance with these regulations to avoid legal challenges that could delay or derail projects.

Environmental regulations in Poland are particularly stringent. Offshore wind farms must comply with the provisions of the Environmental Protection Law, and projects are subject to an environmental impact assessment. Potential impacts on marine ecosystems, bird migration routes, and the landscape must be carefully assessed and mitigated. For instance, the Baltic Sea, where Poland's offshore wind farms are planned, is home to a diverse range of marine life, including several protected species. Any disruption to these ecosystems could lead to significant legal and reputational risks.

In terms of environmental compliance, offshore wind projects in Poland must adhere to the regulations outlined in the Environmental Protection Law and the Maritime Areas Act, among others. These regulations require comprehensive environmental impact assessments and the implementation of measures to mitigate potential impacts on marine ecosystems.

The Polish Society for the Protection of Birds (OTOP) has been particularly vocal about the potential impact of offshore wind farms on bird populations. According to OTOP, the Baltic Sea is a crucial migration corridor for millions of birds, and the development of offshore wind farms could pose a significant threat to these species. Developers must therefore conduct comprehensive bird and bat surveys as part of their environmental impact assessments and develop robust mitigation strategies to minimize any potential impact.

As mentioned earlier, grid connection is another critical issue. The Energy Law and the Transmission Grid Operation Instructions set out the rules for connecting to the grid, and obtaining a connection agreement can be a complex and time-consuming process. 

Polskie Sieci Elektroenergetyczne S.A. (PSE), the Polish grid operator has outlined ambitious plans to expand the grid to accommodate the expected growth in offshore wind power. However, these plans are contingent on significant investment in new infrastructure, including substations and transmission lines. Offshore wind developers must work closely with PSE to ensure that their projects align with these plans and that they can secure the necessary grid connection agreements.

The Maritime Safety Act, recently published by the Polish government, introduces additional requirements for offshore wind projects. These include stringent safety standards for offshore installations and the need for comprehensive risk assessments. Companies must also obtain a safety certificate from the Maritime Office, which requires a detailed safety plan and evidence of compliance with all relevant safety regulations.

The Act also introduces new requirements for the decommissioning of offshore wind farms. Developers must submit a decommissioning plan as part of their project application, which must include detailed plans for the removal of all installations and the restoration of the seabed, as well as provide financial security to cover the cost of decommissioning.

In addition to these regulatory challenges, companies must also navigate a complex legal landscape. The Polish legal system is based on civil law, which can be unfamiliar to players used to common law jurisdictions. The legal process can be time-consuming and costly, and there is a risk of legal disputes over issues such as land rights and environmental permits.

Despite the intricate challenges posed by the regulatory environment, there are substantial opportunities for those who can adeptly navigate these complexities. The Polish government has demonstrated its commitment to the offshore wind sector, not only through its supportive stance but also through tangible financial backing. A testament to this commitment is the allocation of 220 million PLN specifically for the development of offshore wind energy in the country. This investment, coupled with the potential for further regulatory reforms, could stimulate even greater growth in this burgeoning sector.

 

The Role of Regulatory Changes in Stimulating Growth

The current regulatory framework in Poland has undeniably paved the way for the initial development of the offshore wind sector. However, to unlock the sector's immense potential and stimulate even greater growth, further regulatory enhancements are necessary. The Polish Wind Energy Association (PSEW) estimates that the total potential for offshore wind energy in the Polish Baltic Sea could reach around 10 GW by 2040, and possibly extend up to 28 GW by 2050. Beyond the energy capacity, the offshore wind sector also holds significant promise for job creation, with projections suggesting up to 77,000 jobs could be created in Poland by 2030. The realization of this vast potential, both in terms of energy production and job creation, hinges on the establishment of a more conducive regulatory environment.

One of the key areas where regulatory changes could have a significant impact is in the process of obtaining environmental permits and grid connection agreements. Currently, these processes can be time-consuming and complex, often leading to lengthy project lead times. Streamlining these processes could significantly reduce these lead times, thereby accelerating the development of offshore wind projects. For instance, the introduction of a 'one-stop-shop' for permits, as suggested by the Polish government, could simplify the regulatory process, and make it easier for companies to comply with the necessary regulations.

In addition, greater clarity on the auction process and pricing mechanisms could provide more certainty for investors. There remains a pressing need for more comprehensive and explicit guidelines detailing the implementation of these processes. Clear and transparent guidelines would help to reduce uncertainty for investors, thereby attracting additional capital to the sector.

Moreover, targeted financial incentives could make offshore wind projects even more attractive. The BalticWind.EU Country Report Q1 2023 for Poland highlights that the Polish government has shown a willingness to support the offshore wind sector, and there is scope for further regulatory reforms. For example, the government could consider introducing tax incentives or subsidies for offshore wind projects, similar to those provided for other types of renewable energy projects.

The Act amending the act on maritime areas of the Republic of Poland and maritime administration also presents an opportunity for regulatory changes that could stimulate growth in the offshore wind sector. The Act includes provisions for the development of offshore wind farms in the Polish maritime areas, and it is expected that the implementation of this Act will provide a more conducive environment for the development of offshore wind projects.

Furthermore, the Polish government could also consider regulatory changes to facilitate the integration of offshore wind power into the grid. The Energy Law and the Transmission Grid Operation Instructions set out the rules for connecting to the grid, but there are still significant technical challenges that need to be addressed. For example, integrating offshore wind power into the grid may require significant upgrades to existing infrastructure. Regulatory changes that provide support for these upgrades could help to overcome these challenges.

In conclusion, while the current regulatory framework in Poland has enabled the initial development of the offshore wind sector, further regulatory changes could stimulate even greater growth. As the regulatory landscape continues to evolve, companies that can adapt and innovate will be best positioned to capitalize on the vast potential of Poland's offtake market for offshore wind energy. With the right regulatory support, Poland could become an important player in the offshore wind sector, harnessing the natural power of offshore energy to drive the transition to a sustainable energy future.

 

Natural Power: Harnessing the Potential of Offshore Wind

As a seasoned engineering consultancy and strategic facilitator, Natural Power has been an integral part of Poland's offshore wind journey right from its inception. One of our notable contributions includes our involvement in a leading offshore wind project in Poland, which boasts an estimated capacity exceeding 800MW. Our analytics team, at an early stage of project development, conducted a comprehensive pre-construction yield assessment. This crucial analysis informed decision-making processes and significantly enhanced the project's development and financing strategies. 

 

With a comprehensive portfolio of services and a team of dedicated specialists, Natural Power stands as a strategic partner, committed to aiding companies at every stage of offshore wind project development.

The advisory and due diligence services at Natural Power are designed to provide a comprehensive technical perspective during the acquisition or sale of projects, portfolios, platforms, and project finance. The company's team of technical experts has contributed to over 134GW+ of Due Diligence support worldwide. This vast experience translates into insights and advice that are deeply rooted in industry knowledge and understanding.

Natural Power's planning, permitting, and environmental services bring over 25 years of renewable energy consents to the table. The team includes seasoned Lead EIA Consultants for both on- and offshore infrastructure, offering specialist technical environmental support and advice. The company also provides extensive pre- and post-consent support activities for offshore wind and associated infrastructure, ensuring that projects align with all relevant environmental regulations.

The analytics and energy yield services at Natural Power include finance grade and indicative energy yield analysis (EYA), post-construction yield assessment, wind data monitoring and measurement campaign design, and layout design optimisation. With a track record of over 200GW+ wind analysis projects globally, the company is equipped to help clients optimise the energy yield of their offshore wind projects.

In January 2022, Natural Power broadened its capabilities by acquiring a share in New Power Partners. This strategic alliance enhances the company's ability to provide experienced EPCI management and project personnel for development, pre-construction, and construction stage projects. It also strengthens the company's specialisms in Foundations, Cables, OSS, WTGs, T&I, Project Certification and Power-to-X solutions.

Natural Power's expertise extends to tender strategy, coordination, and competitor analysis. The company has supported tender preparation for multiple clients in the UK, Ireland, and France, and is actively assisting clients' preparation for CfD AR4. This expertise can help clients secure favourable terms in their tender submissions, enhancing the financial viability of their projects.

In essence, Natural Power is a strategic ally to companies navigating the challenging landscape of Poland's offshore wind sector. With its extensive experience, comprehensive range of services, and commitment to innovation and excellence, Natural Power is well-positioned to support companies in harnessing the immense potential of offshore wind energy and driving the transition towards a sustainable energy future.

 

Conclusion

In the wake of our comprehensive exploration of Poland's offshore wind sector, it's clear that the nation stands on the precipice of a transformative era in renewable energy. The country's ambitious renewable energy targets, coupled with the immense potential of the Baltic Sea, present a significant opportunity for growth. However, the journey towards a sustainable energy future is both challenging and promising, requiring a deep understanding of the legal landscape and a meticulous approach to compliance.

The Offshore Wind Act of 2021 has provided a legal framework for the development of offshore wind farms, marking a significant step forward for the sector. Yet, it also presents challenges, such as the requirement that projects must be operational within seven years of the grant of the concession, a demanding stipulation given the long lead times typically associated with offshore wind projects. Furthermore, the Act does not address certain critical issues, such as grid connection, which is governed by separate legislation and can present significant logistical and regulatory hurdles.

Companies like Natural Power play a crucial role in this landscape. With a comprehensive range of services and extensive experience, they are well-positioned to help developers and investors navigate these challenges. Their work in the sector, from providing full scope technical advisory in the acquisition or sale of projects to offering extensive pre- and post- consent support activities for offshore wind and associated infrastructure, is a testament to their commitment to the sector.

The potential of Poland's offshore wind sector is vast. The Polish Wind Energy Association (PSEW) estimates that the total potential for offshore wind energy in the Polish Baltic Sea is around 10 GW by 2040 and could reach up to 28 GW by 2050. This potential, coupled with the Polish government's willingness to support the offshore wind sector and its allocation of 220 million PLN for the development of offshore wind energy in the country, presents significant opportunities for companies that can successfully navigate the regulatory landscape. Moreover, the offshore wind sector in Poland could create up to 77,000 jobs by 2030, further underlining the immense potential of this sector.

In conclusion, as we navigate the evolving landscape of Poland's offshore wind sector, it's clear that the journey towards a sustainable energy future is both challenging and promising. With strategic partnerships, innovative solutions, and a commitment to harnessing the power of the wind, we are not just spectators but active participants in this transformative journey. The path is laden with both opportunities and challenges, but with the right approach and unwavering commitment, Poland's offshore wind sector can become a beacon of sustainable development and a model for other nations to follow.

 

Author: Krzysztof Jaworski, CEE & Baltics Lead, Natural Power