Law and regulationAnalysis

Amendments to the Act on Renewable Energy Sources since 2022 relevant to biogas and biomethane: an overview of the acts

A summary of the most important changes to the Act on Renewable Energy Sources since 2022 that affect biogas and biomethane: the special act for agricultural biogas plants, registers, guarantees, biomethane support and new thresholds.

Published Updated 4 min readFeedstockData Editorial Team

Other language versions: polski.

Pusta sala plenarna Sejmu RP w Warszawie: półkoliste rzędy drewnianych ław poselskich i zielonych foteli.
Photo Adrian Grycuk / Wikimedia Commons, licence CC BY-SA 3.0 pl, source file; changes: cropping

Since 2022 the Act on Renewable Energy Sources has been amended many times, but for biogas and biomethane three acts from 2023–2025 were the breakthrough: the special act for agricultural biogas plants (13 July 2023), the amendment of 17 August 2023 creating the framework for biomethane, and the amendment of 27 November 2024 changing the fixed-price thresholds. Below we list the changes confirmed in the texts of the acts, as at October 2025.

The most important acts

Date of the act Dz.U. What it changes for biogas and biomethane Entry into force
29 October 2021 2021, item 2376 new rules for settling prosumers (background for micro-installations, including those using agricultural biogas) mainly 1 April 2022
13 July 2023 (act on facilitating investments in agricultural biogas plants) 2023, item 1597 facilitations in preparing investments; additional conditions in the KOWR register (the application states whether it is submitted by an "eligible entity"); breach of the conditions may result in removal from the register 11 September 2023 (Article 14 from 1 January 2024)
17 August 2023 2023, item 1762 definition of biomethane; register of biogas producers at URE; the KOWR register covers biomethane from agricultural biogas; guarantees of origin for biomethane, biogas and agricultural biogas; Chapter 4a (support for biomethane up to 1 MW); repeal of certificates of origin for agricultural biogas and of auctions for biogas injected into the grid; cooperative limits generally 1 October 2023, selected provisions later
27 November 2024 2024, item 1847 thresholds for the fixed purchase price and the right to cover the negative balance changed to 200 kW (transitional period until the end of 2025 — 400 kW); changes for prosumers 28 December 2024 (selected provisions earlier or later)
21 November 2024 (Energy Law) 2024, item 1881 adjustments concerning, among other things, renewable hydrogen and the hydrogen system operator (also for guarantees of origin) 20 January 2025
21 February 2025 (act on biocomponents) 2025, item 303 change to the definition of agricultural biogas (letter a) and links with the NCW 1 April 2025 (some provisions 2026–2030)
21 May 2025 2025, item 759 adjustments in connection with the central energy market information system (including measurement data) 11 June 2025

Outside the list remain acts of a general energy nature (including amendments to the Energy Law from 2023 and 2025 and the act on the energy voucher), whose effect on biogas is limited and requires separate analysis.

What has changed for an agricultural biogas producer

  1. The KOWR register also covers biomethane from agricultural biogas and allows applications and reports to be submitted through the IT system.
  2. The support catalogue. Certificates of origin for agricultural biogas and auctions for biogas injected into the grid have disappeared. Auctions for electricity and fixed prices and the negative balance for smaller installations remain.
  3. Thresholds. The fixed purchase price applies to installations below 200 kW (in 2025 still below 400 kW), and the right to cover the negative balance — from 200 kW to 1 MW.
  4. Guarantees of origin for biogas and agricultural biogas transported outside the gas grid.

What has changed for biomethane

  • A statutory definition and two registers (URE and KOWR) depending on the feedstock have appeared.
  • Support up to 1 MW (converted to electrical capacity) in the form of a fixed price and the right to cover the negative balance for 20 years, with the reference price set by regulation (PLN 545 and PLN 538/MWh in 2023).
  • There is no separate mechanism for larger installations — auction support for biomethane has not entered into force.
  • Biomethane supported under Chapter 4a is not counted towards the NCW.

How to track the changes

  • Check the announcements of the consolidated text — the one current at the date of the entry is Dz.U. 2024, item 1361 with later amendments.
  • In the Journal of Laws, search for amending acts by title and ELI number; the Sejm interface (ELI) provides a list of amending acts and the date of entry into force.
  • Pay attention to transitional provisions — many changes, for example capacity thresholds, have adjustment periods.

What this means for the investor

  1. Investments in agricultural biogas plants benefit from the facilitations of the 2023 special act, but the KOWR register conditions and the definition of agricultural biogas, which was changed in 2025, still apply.
  2. Biomethane projects have had a registration framework and guarantees of origin since autumn 2023, and support up to 1 MW in Chapter 4a; larger installations waited for separate provisions.
  3. Installations of 200 kW–1 MW should check whether their status with regard to FIT/FIP has changed after 2025.
  4. Everyone should verify the wording of the provisions in the current consolidated text, because some changes enter into force in stages (2026–2030).

Control questions before a decision

  • Which transitional provisions cover my installation (including capacity thresholds and application deadlines)?
  • Does my feedstock fit within the current definition of agricultural biogas?
  • Is the register in which I am entered still the correct one after a change of feedstock or an expansion?
  • Is my support (FIT, FIP, auction, biomethane) consistent with the thresholds and periods in the consolidated text?

This text is for information only and does not constitute legal advice; before an investment or formal decision, check the current wording of the legislation and consult a lawyer or the relevant authority.

Sources

  1. Ustawa o odnawialnych źródłach energii — akt i wykaz zmian (ELI, Sejm)
  2. Ustawa z 17 sierpnia 2023 r. o zmianie ustawy o OZE (Dz.U. 2023 poz. 1762)
  3. Ustawa z 27 listopada 2024 r. o zmianie ustawy o OZE (Dz.U. 2024 poz. 1847)