New biomethane law

25 September 2023 | Knowledge, News

The European Union has set ambitious biomethane production targets. By 2030, biomethane production in the EU is expected to reach 35 bcm, equivalent to ca. 15% of the EU’s gas demand. We therefore examine the relevance of the new regulations for the implementation of biomethane investments in Poland.

New biomethane rules: summary

The potential for electricity generation from biomethane is estimated to be more than 2,500 times greater than the increasingly booming biogas market, with biomethane also having potential for use as a renewable gaseous fuel.

Poland’s potential in terms of land, raw materials and highly skilled labour makes it an attractive destination for investors seeking the best locations for biomethane projects. The regulations governing, among other things, biomethane production and transmission are key to the realisation of this type of investment.

The main conclusions of the newly adopted legislation are as follows:

  • Biomethane and biomethane production activities will be legally defined
  • Biomethane production will be a regulated activity, which means that registration in the register of agricultural biogas producers kept by the Director General of the National Agricultural Support Centre (KOWR) will be required – in the case of biomethane production from agricultural biogas – or in the register of biogas producers kept by the President of the Energy Regulatory Office (URE) – in the case of biomethane production from biogas
  • The support scheme will cover biomethane installations with an installed capacity of up to 1 MW
  • Gas distribution system operators will be obliged to indicate an alternative closest location for biomethane installations in case of refusal to issue connection conditions at the location indicated by an applicant
  • Transmission or distribution system operators will be obliged to issue conditions for the grid connection of agricultural biogas plants with a total installed electrical capacity of up to 2 MW within 90 days
  • The administrative procedure for biomethane installations with a capacity of up to 8.4 mcm per year will be simplified and accelerated. It will be possible to locate agricultural biogas plants independently of the local zoning plan, provided that they do not contradict municipal studies on zoning conditions and directions or resolutions on the creation of a cultural park, and that municipal councils adopt appropriate resolutions on the location of an agricultural biogas plant
  • In the case of biomethane injected into gas networks, the range of permissible differences between the average calorific value of gaseous fuels for a given day and the calorific value of gaseous fuels determined at any point in a given area will increase from 3% to 4%

If you are interested in legal support for a comprehensive biomethane investment, please do not hesitate to contact us.

Wojciech Wrochna

Jacek Kozikowski

Aleksandra Pinkas

Source: Magazyn Polska Chemia

Date: 20.09.2023

Latest Knowledge

How to structure a family foundation wisely

One of the key advantages of a family foundation is the flexibility to shape its internal structure as required. The legislature has granted the founders considerable freedom in this respect, enabling the foundation to be adapted to specific financial, family and business needs.

New rules for employing foreigners

The long-awaited Act on the Conditions for the Admissibility of Entrusting Work to Foreigners in the Republic of Poland came into force on 1 June 2025, replacing the previous legislation on employment promotion and labour market institutions.

The UDER2 draft: (theoretically) strengthened principle in dubio pro tributario

This principle, which states that doubts should be resolved in favour of the taxpayer, is set out in Article 2a of the General Tax Code and applies only in cases involving vague regulations. In practice, this leaves the tax authorities with considerable leeway for arbitrary application in proceedings where factual findings are crucial.

The Polish Deposit and Return System: a guide to the legal and tax rules

The Polish Deposit and Return System launches on 1 October. This is a real revolution for businesses, whether they are producers, importers, distributors or traders. Indeed, its implementation brings with it a number of challenges, including, perhaps less obviously, concerning VAT. Here is a brief guide to the most important issues relating to the Polish Deposit and Return System.

Act Amending the Labour Code or Poland’s response to the Equal Pay Directive

On 3 April 2025, a new draft Act Amending the Labour Code appeared on the website of the Sejm. Prepared by the Extraordinary Committee for Codification Amendments, it differs significantly from the original parliamentary draft implementing the Directive (print no. 934), the first reading of which took place on 6 February 2025. On 9 May 2025, the Sejm adopted the bill without amendments.

How a family foundation can protect itself from ‘black sheep’

Every family may unfortunately have members who can be confrontational, aggressive and uncooperative, who are in addition convinced that they are always right and that the world is always against them. They can create chaos and confusion, are a source of constant conflict or simply do not fit into the overall harmony. Sometimes we call them ‘black sheep’ because they cause difficult situations, place stress on relations or fail to meet expectations.

Key changes in tax scheme reporting (MDR)

The significant changes in the tax environment and the growing expectations for fiscal transparency have prompted the legislature to streamline the existing provisions on the system for reporting tax schemes (MDR), thereby eliminating some procedural ambiguities. According to ministerial announcements, the main aim of the amendments is to improve the readability, clarity and consistency of the reporting system and more closely align it with that in force in the wider EU.

Contact us:

Jacek Kozikowski, PhD, LL.M.

Jacek Kozikowski, PhD, LL.M.

Attorney at Law, Partner, Head of Infrastructure and Asian Desk

+48 660 765 914

j.kozikowski@kochanski.pl