Opłata zastępcza jako instrument wsparcia energetyki odnawialnej i zapewnienia bezpieczeństwa energetycznego

The Polish support scheme promoting renewable energy sources and in result also energy security consist mainly in mechanism of green certificates, called in article 9e of the Act of 10 April 1997 – The Energy Law (Journal of Law of 2012, item 1059 as amended) certificates of origin. The certificates confirm the origin of energy as generated at renewable energy source. The property rights arising from certificates are transferable and constitute an exchangeable commodity. The certificates are issued by the Chairman of Energy Regulatory Office, a central body of state administration responsible for regulation in energy. The Chairman redeems the certificates by means of decision too. Article 9a (1) of the Energy Law provides for the obligation of some subjects, especially energy enterprises, to acquire the certificate of origin and present it to the Chairman of Energy Regulatory Office for redemption or pay a substitute fee. The substitute fee is therefore the alternative way of fulfillment of the obligation connected with the certificates. However when the obligation is not observed, the other pecuniary sum (amount due) must be paid – a financial administrative penalty imposed by The Chairman of Energy Regulation Office by means of decision, accordingly to article 56 (1a) of the Energy Law. The minimal amount of this penalty depends on the amount of due substitute fee, so the amount of the fee is established or verified in administrative procedure concerning other financial instrument. In a consequence the substitute fee makes the support scheme too complicated and ineffective.