Clifford Chance
THE MINISTRY IS NOT DEAF TO CRITICISM
1 June 2012
KEY ELEMENTS OF THE NEW DRAFT ACT ON RENEWABLE ENERGY SOURCES ANNOUNCED
During a press conference held on 29 May 2012 the Ministry of the Economy (the "ME") presented key elements of the new draft Act on Renewable Energy Sources (the "New Draft"). Although it will be necessary to wait until work on the New Draft is completed, the ME already now decided to calm the renewable energy sector, which was thrown into turmoil after the publication in December 2011 of the first draft Act on renewable energy sources ("RES"). The ME presented the most important provisions - from the sector's point of view - which are to be included in the New Draft.
The key elements of the New Draft which were presented, constitute the ME's response to the criticism of the first draft Act on RES, which envisaged the cancellation of the obligation to purchase electrical energy generated from RES at a regulated purchase price, a differentiation in levels of support for different forms of RES (through, among other things, the introduction of so-called 'corrective coefficients') and change in the way the substitute fee is calculated.
