The President signed the amendment to the Act on Renewable Energy Sources: auctions for biomethane (Journal of Laws (Dz.U.) 2026, item 1347)

President Karol Nawrocki signed on 15 October 2026 the act of 4 September 2026 amending the Act on Renewable Energy Sources and certain other acts. For the biomethane industry this closes a journey of more than two years: from the announcement of auctions in July 2024, through the veto of 21 August 2025 of the amendment that linked biomethane with the rules on wind turbines, to the re-enactment of the provisions in a separate act. On the same day the President signed the act of 18 September 2026 amending the Energy Law.

What the act contains

The most important changes:

• Biomethane auctions – a new support system run by the President of the Energy Regulatory Office (URE) at least once a year, in two baskets: for installations below 2 MW and from 2 MW of electrical capacity (the capacity of a biomethane plant is converted to electrical at a unit efficiency of 41%). The winner has the right to coverage of the negative balance for 20 years from first sale, no later than 31 December 2054, and must sell the first biomethane within 48 months of the close of the auction session. The producer chooses either an auction or the existing FIP system (for installations of up to 1 MW), for which the deadline for obtaining the certificate has been extended to 30 June 2027. The act also provides for rules on combining operating and investment aid.
• Direct pipelines – rules for pipelines transporting biogas, agricultural biogas and biomethane; the producer notifies the start of deliveries to the President of URE within 30 days, and decommissioning within 14 days.
• A lower energy supply threshold for biogas plants and biomass installations and a new definition of biomass; adjustment of the issuing of certificates and the verification of agricultural biogas data.
• Prosumers and storage – storage of electricity, heat and cold connected to a RES installation will be regarded as part of it; storage up to a specified size does not count towards microinstallation capacity; clearer settlement of the prosumer deposit and refund of unused funds on change of supplier; the changes also concern energy cooperatives.

The act was published on 16 October 2026 in the Journal of Laws (Dz.U.) 2026, item 1347. Most provisions enter into force on 1 December 2026 (the first day of the month after a month from publication). Some apply from 19 October 2026, some from 17 October 2026 (the day after publication), and others after three, four or twelve months. The provisions on biomethane auctions enter into force after four months, that is on 17 February 2027, and are applied only after a positive European Commission decision on the compatibility of State aid with the internal market.

The legislative path

The previous amendment contained both biomethane auctions and a reduction of the minimum distance of wind turbines from buildings from 700 to 500 m. The President vetoed it because of the wind turbines. After the threads were separated and the contentious wind turbine provisions removed, the Sejm passed the act on 4 September 2026, and the Senate supported it without amendments on 24 September (90 senators in favour, none against). According to the ministry, in July 2026 two biomethane plants were operating in Poland, and 122 projects were at various stages of preparation, of which six had building permits.

Significance for the industry in Poland

For biomethane plant investors this is the first real source of long-term, auction-based revenue (baskets below 2 MW and from 2 MW; the producer chooses an auction or FIP). The auctions, however, still require implementing acts: a regulation of the Council of Ministers on the maximum quantities and values of biomethane for the next three years, a regulation of the Minister of Climate with reference prices, and a European Commission decision on State aid. In practice the first auctions can be expected in 2027 at the earliest. Until then smaller installations can use the FIP system, whose deadline has been extended to 30 June 2027.

The changes for prosumers and energy storage concern a wider group, but in the context of biogas plants the recognition of storage as part of a RES installation is significant, as it simplifies connections and settlements.

What to watch

Investors should pay attention to the deadlines: the four-month vacatio legis for auctions, the condition of a European Commission decision, and the need to issue implementing acts, which will determine the scale of the first round. An installation entering an auction must introduce biomethane into the grid for the first time only after the close of the auction session, and the equipment for producing biomethane may not be older than 48 months before the first production of biomethane.