On August 20, 2026, the draft bill amending the Energy Law Act (UD457). The planned amendment will primarily concern the rules for determining and collecting the pre-license fee and the concession fee.
According to the published assumptions, the Ministry of Energy proposes, first and foremost, increasing the minimum amount of both fees from the current PLN 1,000 to PLN 5,000. This amount would then be subject to annual indexation based on the average annual consumer price index announced by the President of the Central Statistical Office.
A much more significant change, however, may be the abolition of the current maximum fee limit of PLN 2,500,000. In practice, this would mean that for companies generating the highest revenues from licensed activities, the fee amount would no longer be limited by the statutory ceiling.
At the same time, the project assumes a 10-fold increase in the coefficients used to calculate the pre-concession and concession fee compared to the coefficients currently in force pursuant to the Regulation of the Council of Ministers of 12 October 2021. Combining the increase in coefficients with the abolition of the maximum fee limit may therefore mean a significant increase in burdens, primarily for the largest energy companies.
The changes will also apply to the exemption rules for renewable energy producers. Currently, the exemption is available to businesses with multiple installations, each with a capacity of less than 5 MW. Following the changes, the total installed capacity of the installations covered by the license. If it exceeds 5 MW, the business will not benefit from the exemption, even if none of the individual installations individually exceeds this threshold.
The Ministry also announces the introduction of regulations to counteract the "artificial" division of activities, in particular by creating separate special purpose vehicles in order to keep individual entities below the 5 MW threshold.
The bill also aims to streamline procedural regulations regarding fees. Provisions specifying, among other things, coefficients, the method and deadlines for submitting forms and paying fees, as well as the actions of the President of the Energy Regulatory Office in the event of non-payment or incorrect payment, are to be transferred from the current regulation directly to the Energy Law.
At this stage, only the project's assumptions have been published in the legislative agenda, not the specific draft regulations. The body responsible for preparing the amendment is the Minister of Energy, and its adoption by the Council of Ministers is planned for the fourth quarter of 2026.
From the perspective of licensed enterprises, special attention should be paid, above all, to the combination of a 10-fold increase in coefficients and the abolition of the maximum fee limit, which may significantly change the level of burdens associated with conducting licensed activities.
We will monitor further progress of the work and return to the topic after the draft bill is published.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of August 24 , 2026
Author:
