RED III in force from 20 November 2023: what Poland must implement by May 2025

Directive (EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023, amending the directive on the promotion of energy from renewable sources (RED III), was published in the Official Journal of the EU on 31 October and entered into force on 20 November 2023. It raises the binding target for the renewables share in 2030 to 42.5% and establishes new rules for biomass, transport, industry, heating and certification. Member States have until 21 May 2025 to implement most of the provisions. For Poland, the countdown to legislative work begins.

What is changing

For the renewable gases sector, the following elements of the directive are important:

The rules on obtaining permits were also changed: shorter deadlines, recognition of renewable energy projects as being in the public interest and the designation of acceleration areas.

Significance for the industry in Poland

In Poland, the implementation process should start during 2024, covering changes to the Act on Renewable Energy Sources, the act on biocomponents and the rules on heating. For biomethane, it will be particularly important whether the legislator ensures consistency with the rules adopted in August 2023 (the register of producers, guarantees of origin, support up to 1 MW) and whether it extends support to larger installations. Producers should prepare for the obligation to demonstrate sustainability and emission savings for biomethane sold to transport and industry.

For farmers and investors, Annex IX to the directive is important, as it sets the list of feedstocks eligible for the advanced fuel targets – manure, agricultural residues and some waste. Polish biogas plants based on these feedstocks have an advantage.

What to pay attention to

It is worth taking part in national consultations and submitting proposals on simplifying procedures, the gaseous fuels database, combining support and the system of guarantees of origin. Biomethane producers are advised to certify their feedstocks and document their emissions balance.

First steps for the industry

The coming months are worth using to gather data on costs, capacities and planned investments, which will make it possible to justify proposals in consultations. A joint position of industry associations is also good practice, as it more easily breaks through in the legislative process.

What next

The Commission will draw up delegated acts and guidelines, and countries will draw up national plans and acts. The pace of work in Poland will decide whether the rules are ready before the transposition deadline.