The measures taken by the Ministry of Climate and Environment regarding the legal conditions for the location and construction of wind farms did not ensure the dynamic development of this energy sector in Poland. The problems include changes in regulations limiting the locations of investments, delays in the implementation of EU directives into Polish law, and key strategic documents concerning the state’s energy policy. The ministry has also failed to take sufficient action to thoroughly investigate and identify the best locations for wind farms, both onshore and offshore. In the opinion of the Supreme Audit Office (NIK), these delays and barriers may seriously jeopardise the energy transition and the availability of cheap energy in Poland.

Wind energy is one of the key elements of the energy transition in our country due to the growing demand for renewable energy sources (RES), the need to protect the environment and climate commitments resulting from European Union policy. It is also particularly important in the context of high energy prices in Poland, which are higher than in many other European countries (November 2024), largely due to the high share of coal in electricity production. Traditional energy sources are becoming less and less profitable due to their limited resources, high environmental costs and legal regulations promoting decarbonisation. Removing barriers to wind energy, both offshore and onshore, can ensure Poland’s energy security and independence.

Meanwhile, the amendment to the Investment Act (of 23 April 2023), specifying the minimum distance between residential buildings (700 m instead of the previously planned 500 m), may result in an almost twofold reduction in the potential for onshore wind energy development, limiting the available land for investment.

Poland has significant potential for offshore wind energy (OWE). Forecasts for 2050 predict the possibility of installing 28 GW of capacity, which represents more than a third of the total potential of the Baltic Sea in this area.

Therefore, the legal conditions for the location and construction of wind farms (especially those concerning distance from buildings, environmental protection and administrative procedures) have a decisive impact on the development of these onshore wind farms, as demonstrated by the NIK in this audit (2022–2024). It covered the Ministry of Climate and Environment, the Ministry of Infrastructure, the Maritime Office in Gdynia, and nine municipal offices from various counties in the Pomeranian, Greater Poland and West Pomeranian provinces.

Key findings of the audit

The administrative authorities took appropriate and reliable measures to ensure the legal conditions for the location and construction of wind farms in Poland. However, these measures were not entirely sufficient during the period covered by the audit.

The Polish government administration analysed the legal barriers to the location and construction of wind farms, using national and international data. These analyses were used to create new regulations supporting the development of wind energy. Thanks to the actions of the Ministers of Climate and Environment and Infrastructure, legal changes were introduced that helped to remove some of the obstacles to wind energy investments, including legislative changes in March and August 2023.

The changes to the legal regulations examined by the Supreme Audit Office were subject to an opinion-giving procedure and were correctly referred for consultation and public consultation (with the exception of one draft).

Furthermore, the transposition of the EU’s RED II Directive into Polish law was not completed on time (more than three and a half years late), which may result in sanctions from the EU. By the end of the audit, the Minister had not fully implemented the provisions of the RED II and RED III directives. As a result, Poland does not have simple dispute resolution procedures and a fast-track administrative and judicial appeal system. The Ministry did not explain the reasons for the delays or the status of the missing regulations.

According to the NIK report, the Ministry of Climate and Environment has also failed to take sufficient action to thoroughly investigate and identify the best locations (map the potential) for the development of renewable energy sources, including wind energy. This creates a risk of failure to meet the deadlines set out in the KPO and the EU’s RED II and RED III directives.

The Ministry submitted important reports and plans to the EU with a five- and eight-month delay, which resulted in infringement proceedings being initiated against Poland in one case. Although these documents were eventually submitted, the process was delayed and not entirely reliable.

By the end of the audit, the Minister of Climate and Environment had not submitted an update of the National Energy and Climate Plan for 2021-2030 (KPEiK) to the European Commission, even though the deadline was 30 June 2024. In the opinion of the NIK, the delays in submitting the draft update and the update of the KPEiK demonstrate the unreliability of the process of preparing these documents by the Ministry. In addition, the Minister did not prepare the updated Polish Energy Policy until 2040 (PEP2040) on time. This policy sets out the directions for the development of the energy sector in the country and its security. Already in 2022, the Council of Ministers indicated that the energy policy adopted in 2021 did not reflect the current geopolitical and economic situation.

The Minister of Infrastructure dealt with permits for the construction of offshore wind farms in a timely manner, which is important for the development of this industry.

During the period covered by the audit, the Maritime Office in Gdynia was in the process of developing 11 draft spatial development plans for maritime areas, but none of them specified the location of offshore wind farms, as these projects did not cover the exclusive economic zone where the construction and operation of offshore wind farms is permitted. Only the draft spatial development plan for the waters adjacent to the sea coast between Władysławowo and Łeba was indirectly related to the location and construction of offshore wind farms, as this draft indicates corridors for transmission infrastructure from offshore wind farms. The draft was submitted to the Minister of Infrastructure in 2023, together with an environmental impact assessment. By the end of the audit, the plan had not been adopted by the Office.

As far as municipalities are concerned, the actions of the mayors were generally correct and in line with the requirements. However, in some cases, local plans, i.e. documents specifying where wind farms can be built, were not updated. This may hinder the rapid and efficient implementation of investments in these areas.

Conclusions

To the Minister of Climate and Environment to take systemic and organisational measures in the Ministry to ensure:

  • the immediate preparation and submission of the KPEiK update to the European Commission;
  • the immediate preparation of the PEP2040 update;
  • the immediate preparation of draft legislation fully transposing the RED II Directive and its submission to the Council of Ministers;
  • the immediate preparation of draft legislation and solutions implementing Article 16(5) and (6) of the RED II Directive (introduced by the RED III Directive);
  • streamlining the mapping process in order to meet the deadlines for this task.

Source: Poland’s Supreme Audit Office