"Energy Efficiency Above All" – draft amendment to the Energy Efficiency Act
Almost every industrial plant in Poland has already encountered increasingly stringent regulations concerning the reduction of greenhouse gas emissions and the improvement of energy efficiency. In this context, the Ministry of Climate and Environment has presented a summary of the draft amendment to the Energy Efficiency Act and certain other acts (project number: UC77). The aim of the amendment is to align the Polish legal system with the EU requirements regarding energy efficiency, as well as to introduce solutions that support the achievement of climate goals and improve the competitiveness of the energy market.
Background and purpose of the amendment
The draft amendment aims to implement the necessary solutions arising from Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023 on energy efficiency and amending Regulation (EU) 2023/955 (consolidated version) (Official Journal of the EU L 231 of 20.09.2023, p. 1), hereinafter referred to as "Directive 2023/1791", including essential measures to support energy efficiency, ensuring the achievement of energy efficiency targets for 2030 and further improvement of energy efficiency beyond 2030.
The most important changes in the draft law
The draft amendment assumes the introduction of a number of changes concerning both the public and private sectors. The most important among them include:
- Systemic-sectoral implementation of the principle "energy efficiency above all" – art. 3 of Directive 2023/1791 – meaning the investor’s obligation to conduct an analysis of energy efficiency solutions in the case of projects or investments exceeding a budget of 100 million euros (175 million euros for transport infrastructure projects).
- Establishment of a regulated profession of energy efficiency auditor and thus transferring the responsibility for audit verification from the Energy Regulatory Office (URE) to the auditors, which will not only streamline the verification process but also contribute to improving the quality of energy efficiency audits. The draft introduces a system of qualifications, accreditation, and certification for the energy auditor profession. These authorizations will be granted to individuals after passing a qualifying exam.
- Improvement of the rules for calculating energy savings and digitalization of the energy efficiency certificate system.
- Adoption of the target to reduce final energy consumption by public institutions by 1.9% annually compared to 2021 and implementation of a system for monitoring and reporting obligations in this regard.
- Designation and adoption of a new national target for final energy savings, including a sub-target for achieving final energy savings in the area of energy poverty.
- Modifications of mechanisms supporting the achievement of the national target for final energy savings – art. 9 and 10 of Directive 2023/1791.
- Obligations for enterprises regarding conducting enterprise energy audits, implementing energy management systems, and reporting on energy consumption.
The draft act amending the Energy Efficiency Act and certain other acts is a step towards a more sustainable energy policy that will affect both businesses and public administration. The proposed changes aim not only to align regulations with EU requirements but also to improve energy efficiency, which in the long term will contribute to reducing energy costs and enhancing the competitiveness of the Polish economy. It is worth closely following the development of the draft amendment to the Energy Efficiency Act.
An interesting change is the proposed introduction of the profession of energy efficiency auditor. One can certainly agree with the draft authors that conducting audits by certified auditors should significantly improve the quality of energy efficiency audits.
The planned date of adoption of the draft by the Council of Ministers is the third quarter of 2025. Therefore, the changes may come into effect as early as the end of this year or in 2026.
Source: Legislative and program work register of the Council of Ministers
