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Biogas and Biomethane: Concessions and Other Forms of Business Operation Permits ๐Ÿ”‹๐Ÿ“„๐ŸŒฑ



The type of permit required for operating a biogas plant primarily depends on its size and the types of energy it produces โšก. The requirements for various business operation permits are presented in the table below ๐Ÿ“Š and are detailed in the following sections of this chapter ๐Ÿ“š.






Type of Installation

Installation Description

Required Permit

Non-agricultural biogas plants

Biogas plant producing electricity or electricity and heat through cogeneration.

Micro OZE installation (biogas plant with a total installed electric capacity not exceeding 50 kW, connected to a power grid with a nominal voltage lower than 110 kV or with an achievable thermal power in cogeneration not exceeding 150 kW, where the total installed electric capacity does not exceed 50 kW)

Non-agricultural biogas plants

Small OZE installation (biogas plant with a total installed electric capacity greater than 50 kW and not exceeding 1 MW, connected to a power grid with a nominal voltage lower than 110 kV or with an achievable thermal power in cogeneration greater than 150 kW and less than 3 MW, where the total installed electric capacity is greater than 50 kW and not exceeding 1 MW)

Registration in the register of small OZE producers.

Non-agricultural biogas plants

Large-scale OZE installation (biogas plant with a total installed electric capacity greater than 1 MW or with an achievable thermal power in cogeneration greater than 3 MW, where the total installed electric capacity is greater than 50 kW and not exceeding 1 MW)

Concession for generating electricity from renewable energy sources.

Agricultural biogas plants

Agricultural biogas plant producing electricity or electricity and heat

Microinstallation (biogas plant with an annual agricultural biogas output up to 200 thousand mยณ)

Agricultural biogas plant

Agricultural biogas plant other than microinstallation (biogas plant with an annual agricultural biogas output above 200 thousand mยณ)

Registration in the register of agricultural biogas producers maintained by KOWR.

License for Generating Electricity from Renewable Energy Sources โšก

Obtaining a license to generate electricity from renewable energy sources is usually the final step before starting the sale of electricity from a biogas plant ๐ŸŒฑ.


Purpose of the License Decision ๐ŸŽฏ

The purpose of the license decision is to allow the state to authorize operations in the energy sector, which is particularly important from a public interest perspective ๐ŸŒ. The license decision specifies the conditions and duration of this activity.


When is the License Decision Required? ๐Ÿ•’

The license decision is obtained after the biogas plant is put into operation and connected to the power grid. It is the final decision in the biogas plant's investment and construction process ๐Ÿ”Œ.


Elements of the License Application ๐Ÿ“„

The license application should include:

  • Applicant's details, including address and the content of the license request.

  • Registration documents of the business (KRS, VAT, excise).

  • Information about entities influencing the applicant and statements regarding their legal and financial situation.

  • Confirmation of appropriate authorizations and qualifications for employed personnel.

  • Details of the equipment and installations, including their technical condition, parameters, and administrative decisions related to construction and operation.

  • Financial documents, including reports and certificates from tax offices and banks.

The above list of documents is exemplary and should always be verified with URE ๐Ÿ”.


Procedure ๐Ÿ›ค๏ธ

After submitting the application, the licensing authority verifies the documentation for compliance and seeks an opinion from the relevant regional government authority ๐ŸŒ. Granting the license may be contingent on the applicant providing financial security ๐Ÿ’ผ.

After obtaining the license, the electricity producer is required to submit periodic reports to URE ๐Ÿ“….


Register of Agricultural Biogas Producers ๐ŸŒพ

For agricultural biogas plant installations, it is required to obtain an entry in the register of agricultural biogas producers maintained by KOWR ๐Ÿ“œ.


Purpose of the Registration Decision ๐ŸŽฏ

The purpose of the registration decision is to grant the entity managing agricultural biomass the approval to use it for biogas production and to operate an agricultural biogas plant ๐Ÿญ.


When is the Registration Decision Required? ๐Ÿ•’

The decision is required before commencing the operation of an agricultural biogas plant.


Elements of the Registration Application ๐Ÿ“„

The basic registration application should include:

  • Information about the entity applying for registration ๐Ÿงพ.

  • Specification of the type of activity ๐Ÿข.

  • A statement by the entrepreneur that they have not been removed from the register ๐Ÿ“.

  • An excerpt from KRS or CEIDG ๐Ÿ“‹.

  • Confirmation of ownership or possession of installations for agricultural biogas production ๐Ÿ—๏ธ.

  • Documents certifying possession of appropriate environmental and construction decisions ๐ŸŒฟ.

  • Other documents confirming compliance with technical and organizational requirements for the agricultural biogas plant โš™๏ธ.

The above list of documents is exemplary and should always be verified with KOWR ๐Ÿ”.


Procedure ๐Ÿ›ค๏ธ

After submitting the application, the registration authority verifies the documentation for compliance and may conduct an inspection at the place of operation ๐Ÿšœ. Entry into the register of agricultural biogas producers is obtained after positive verification of the documentation and inspection โœ….


Summary

The type of permit required to operate a biogas plant depends on its size and the type of energy produced. For micro-installations of renewable energy sources (RES) and agricultural biogas plants, only notification to the distribution system operator is required. Small and large-scale RES installations require entry into the register or obtaining a license to generate electricity. The licensing process involves submitting an application with the required documents and its verification by URE. In contrast, entry into the register of small RES installations is simpler and quicker, but also involves reporting obligations.


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