Legal status of the renewable energy prosumer under Polish law in light of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources

Since the beginning of its existence, the Polish energy sector has been connected with coal and lignite. However, from first In the 21st century, mainly influenced by European climate and energy policy, renewable energy sources (hereafter RES) play an increasingly important role in the national energy mix.

The rapid spread of renewable energy technologies, due to regulatory pressures and a dramatic fall in the cost of building and operating them, makes citizens able to become active players in the energy market.

Traditional, old-fashioned market models based on centrally managed, large fossil fuel power plants, producing electricity to meet passive customers' needs, go back to the past for economic reasons[1].

In the future form of an energy system based on a higher share of renewable energy in the energy mix, citizens should be entitled to an active share of the energy market by responding to market signals and, instead, benefit from lower electricity prices or other incentives[2].

The aim of the article is to present and evaluate the concept of a prosumer of renewable energy regulated in the Polish Renewable Energy Act 3 (Further: u.o.z.e.) against the background of the Directive of the European Parliament and of the Council of the European Union Directive 2018/2001 dated 11 December 2018 on promoting the use of energy from renewable sources (hereinafter: Directive 2018/2011)[4].

The analysis, based on the dogmatic-legal and logical-language method, will be subject to legal acts determining the functioning of the renewable energy prosumer.

It will be decided whether the concept of a prosumer of renewable energy has been sufficiently reflected in Polish legislation and the directions for further development of this legal structure will be indicated.

The concept of a renewable energy prosumer on the ground Directive 2018/2001

In recent years, the development of decentralised RES technologies has made the direct participation of the citizen in energy production and management widespread. In many Member States of the European Union (hereinafter: EU) various types of civic projects and initiatives have emerged in the energy sector[5].

In EU energy policy, the development of civic energy has always played a very important role, especially since the oil crisis in 1973[6]. The literature pointed to the positive impact of citizens purchasing energy on the liberalised energy market as they were a driver of competition[7].

The term "citizen energy" has not yet been defined under either EU or national law. It is assumed that this term means a system in which the whole society actively participates in the production, redistribution and management of energy[8].

The civil energy foundation is the direct involvement of citizens in local electricity or heat production from RES installations[9]. Thus, citizens actively participating in the energy market become leaders of energy change, co-creating new trends[10]. Citizens who want to act actively on a given market are referred to as prosumers[11].

The term ‘prosumer’ has been once first used at the end of years eighty 20th Century by Alvin Toffler in the book third wave[12]. It was created by a combination of consumer and producer or professional.[13]. Prosumer is therefore a person involved in both production and consumption of certain goods.

When translating this concept into an energy sector, it should be noted that this term will be called an entity that produces electricity for its own needs.[14]. Directive 2018/2001 appears to refer to the above term coined by A. Toffler.

In the recital 66 Directive 2018/2001 The need to regulate the status of a renewable energy prosumer has been justified by the growing importance of producing renewable electricity for its own use.

According to Article 2(14) Directive 2018/2011 renewables self-consumer means a final consumer operating within its premises within certain limits or, if allowed by a Member State, other facilities that produce renewable electricity for its own needs and which can store or sell the electricity produced on its own, provided that, in the case of a non-domestic renewable energy prosumer, these activities do not constitute its primary economic or professional activity. Under Article 2(15) Directive 2018/2001 the sub-type of renewable energy pro-sumer in the form of group-based renewable energy pro-sumers (hereinafter collective project), which means the group at least two joint renewable energy prosumers located in the same building or multi-house building.

In addition, Directive 2018/2001 normalises the rights of the renewable energy prosumer.

Article 21(2) Directive 2018/2011 provides that renewable energy prosumers should not only be able to produce renewable energy, including for their own needs and to store surplus electricity produced, but should also be able to sell the surplus generated.

According to Article 21 Directive 2018/2001 renewable energy prosumer, acting individually and collectively, retains consumer protection rights.

It follows that the essence of the prosumer's idea in the energy area is therefore the generation of electricity by a citizen from a low-capacity RES installation and its use mostly for own use, without thus excluding the possibility of economic activity in this area.

This means that the definition of a prosumer of renewable energy within the meaning of Directive 2018/2011 it also covers those entrepreneurs whose primary activity is not linked to broadly understood energy.

It should be noted that the prosumer of renewable energy within the meaning of Directive 2018/2001 reflects the idea of active involvement of the citizen in the energy sector, which fulfils the principles of civic energy.

Prosumers of renewable energy within the meaning of Directive 2018/2001 It is citizens actively participating in the energy market who produce and use renewable energy themselves[15]. The citizen changes from passive consumer to active energy market participant[16].

The renewable energy project is responsible not only for stimulating the development of RES in the local community but also contributes to achieving EU climate objectives[17]. Directive 2018/2011 sets out only a minimum framework for regulating the status of renewable energy prosumer (Article 21 mouth. Directive 2018/2011).

This means that EU Member States are very free to establish additional rules and rules to promote and facilitate the development of the prosumer movement.

The concept of a prosumer of renewable energy in Polish law

The legal basis for the obligation to implement EU law is Article 288 Treaty on the Functioning of the European Union (hereinafter: TFEU)[18]. This provision imposes a broad obligation on EU Member States to cooperate in achieving EU objectives by ensuring full effectiveness of EU law.

This means that the timely and correct transposition of EU directives into the legal order of its Member State is a fundamental aspect of the Treaty principle of loyalty[19].

At the same time, it should be borne in mind that the Directives do not impose any obligation on them to bring their literal substance into the legal order of an EU Member State and require them to achieve the stated objective in time and time.[20]. EU Member States are therefore free to choose how to implement it[21].

Therefore, each EU Member State should introduce its own internal rules, which would adequately fulfil the objectives of the directive[22]. Deadline for transposition Directive 2018/2001 was designated 30 June 2021 (Article 36 Directive 2018/2001).

By that date, Poland must send the Commission the text of the national implementing measures which incorporate the Directive into national law.

It should be stressed that in the Polish legal order it existed, before the entry into force Directive 2018/2011, legal definition of ‘prosumer’.

The term ‘prosumer’ was understood as: ‘final customer purchasing electricity on the basis of a comprehensive contract, generating electricity exclusively from renewable energy sources in micro-installations for its own use, not related to regulated economic activity. Act dated 6 March 2018 – Business law’.

However, this definition has received numerous criticisms from the energy industry, as it will prevent prosumers from prosuming their businesses. It was pointed out that narrowing the definition of a prosumer was incomprehensible as it excluded entrepreneurs interested in building micro-installations at their buildings[23].

Polish legislator to follow the directions indicated by Directive 2018/2011, introduced the concept of a prosumer of renewable energy Act dated 19 July 2019 amending the Renewable Energy Sources Act and some other laws, thus changing the definition of the prosumer as previously standard in u.o.z.e.

According to the current wording Article 2(27a) u.o.z.e.

renewable energy prosumer means the final consumer producing electricity exclusively from renewable energy sources for own use in the micro-installation of RES, provided that, in the case of the final customer not receiving electricity in the household, this does not constitute the subject of an overriding economic activity determined in accordance with the rules issued on the basis of Article 40(2) Act dated 29 June 1995 on public statistics[24].

This definition is based on the concept of end-user, defined under Article 3(13a) Energy Laws (hereinafter: u.p.e.) 25 , so it covers quite a wide range of entities – the prosumer of renewable energy can be both individual individuals who produce electricity for household-related purposes and legal persons who conduct business activities.

It should be noted that the generation and introduction into the electricity network by a non-entrepreneur renewable energy prosumer Act dated 6 March 2018 Business law (hereinafter: u.p.) 26 , does not constitute an economic activity within the meaning of that Act (Article 4(8) u.o.z.e.), which puts renewable energy prosumer certainly in a privileged position, due to the elimination of the same part of the obligations on other energy generators[27].

The definition of a renewable energy prosumer includes a number of conditions that an entity must meet together in order to be called a renewable energy prosumer 28 , The legislator therefore introduced the obligation to conclude a comprehensive agreement on the basis of which the renewable energy prosumer settles with the Distribution Network Operator (hereinafter: OSD).

Moreover, the prosumer must produce electricity exclusively from renewable energy sources in micro-installations to use energy for its own needs. According to Article 3(19) u.o.z.e.

such installation shall be considered to be a RES installation with a total installed capacity of not more than 50 kW, connected to a power grid with a rated voltage lower than 110 KV or combined heat output not more than 150 kW in which the total electrical capacity installed is not more than 50 kW.

The current wording of the definition allows the prosumer of renewable energy to produce energy in the context of economic activity if it does not constitute the prevailing economic activity pursued by it.

It should be indicated that, according to the statutory definition of the renewable energy prosumer, it does not have to produce energy in the RES installation owned by it, but it may use, inter alia, the leased or leased RES installation. The activity of the prosumer of renewable energy within the meaning of u.o.z.e.

is limited only to the production of electricity.

This means that heat generation has not been classified as one of the bases for the activity of the renewable energy prosumer, which consequently prevents it from giving up surplus heat produced in the RES microinstallation on the basis of the rules provided for the renewable energy prosumer.

The above limitation of the activity of the prosumer of renewable energy within the meaning of u.o.z.e. should be assessed as complying with the definition of a prosumer of regulated renewable energy Directive 2018/2001.

In the directive, the activity of the prosumer on the subject of energy generation has also been limited to electricity. Conflicting with content Directive 2018/2001 is, on the other hand, preventing the prosumer of renewable energy from operating in the form of energy storage based on energy storage[29].

It is critical to assess that the regulations of u.o.z.e. allow the prosumer to produce electricity only by means of micro-installation. The legislator thus reduces the citizen's participation in the energy transition and slows the increase in RES percentage in the electricity sector.

What's more, Directive 2018/2011 does not indicate the micro-installation of RES as the only device that can be used by the renewable energy prosumer.

It is therefore desirable to ask for an increase in the maximum allowable installation capacity in the definition of micro-installations of RES and to allow prosumers to use small installations (a group of small installations currently includes installations with a total installed electrical capacity greater than 50 kW and less than 500 kW, connected to a power grid with a rated voltage lower than 110 KV and heat output in combination greater than 150 kW and not more than 900 kW).

This solution would enable prosumer RES installations to make a significant contribution to achieving the objective set out in the National Energy and Climate Plan for years 2021–2030, i.e. increase of RES percentage in gross final electricity consumption to 21% to 2030[30].

However, in u.o.z.e., provisions have not been laid down so far to transpose this type of collective prosumer under Article 2(15) Directive 2018/2001.

The introduction of this solution in Polish legislation is necessary, not only because this commitment derives from the content of Directive 2018/2001, but also because most Polish citizens live in multi-family buildings 31 and thus does not have access to the necessary space for the installation of its own RES source.

Lack of regulation on collective prosumer discriminates against citizens living in multi-family buildings who should have the right to enjoy prosumer privileges irrespective of their place of residence.

Attention should be paid to the proposal made by Ernst & Young in the report The concept of regulatory changes in support of the development of prosumer energy 32 , according to which the collective prosumer could be a group at least two energy-generating entities in the RES installation (connected to the same low voltage grid prosumers), which simultaneously fulfil the conditions Article 2(27a) Act u.o.z.e.

33 The relationship between them would be governed by the agreement, which means that the institution of the collective prosumer would be a civil-law agreement.

The installation of RES, which is a micro-installation of RES or a small installation within the meaning of u.o.z.e, used by the collective prosumer, would not have to be owned and located in the area of the property owned by any of its individual prosumers.

The energy produced by the collective prosumer would then be divided between the prosumers in a contractual manner and treated as being personally produced by those renewable energy prosumers creating the collective prosumers.

The definition of collective prosumer developed in the above report is correct, as it undoubtedly reflects assumptions Directive 2018/2011 about the collective prosumer.

It enables renewable energy prosumers to interact in a civil-law agreement and eliminates the legal barrier preventing residents of multi-family buildings, will be a prosumer of renewable energy.

It should be noted that collective prosumer activities should also be allowed outside the interior one building or premises, that is – via a distribution network[34].

Under u.o.z.e., the institution of a representative collective prosumer should also be defined, which would represent this civil-law agreement outside and coordinate its internal activities.

The representative of a collective prosumer could be any natural person, legal person or organisational entity that is not a legal person (and whose law confers legal capacity) on the basis of a contract establishing a collective prosumer.

Among other things, it would be his competence to maintain contacts with the OSD in the area where collective prosumer works.

The representative of the collective prosumer, acting on behalf and on behalf of him, would be obliged to inform the operator of the electricity distribution system to which the network is to be connected, inter alia, the location of the RES microinstallation and its capacity installed within the time limit specified under u.o.z.e...

This would enable the OSD and collective prosumer to carry out transparent cooperation, which could better address the needs of renewable energy prosumers on its territory.

The definition and regulation of collective prosumer in national legislation would contribute to the development of civic energy, based on prosumer activity. In particular, it would be beneficial for urban residents sharing buildings that are located close to each other in the local distribution network.

Furthermore, the implementation of the collective prosumer concept would have a positive impact on the electricity grid, as energy would be produced and consumed locally by a group of operators, thus reducing the amount of transmission losses (difference between the energy introduced by transformer stations of power plants into the transmission system and the energy collected by end-users 35 ).

Prosumer support system in Poland

According to Article 21(6) Directive 2018/2011 Member States shall introduce a framework to promote prosumer traffic, based on the assessment of existing unjustified barriers to the promotion of renewable energy in their territory and in their energy networks and its potential.

In addition, under Article 21(2) point (d) It has been established that renewable energy prosumers are to receive remuneration for electricity entering the network. The Polish legislator, wishing to encourage Polish citizens to participate in the prosumer movement, introduced numerous instruments to support prosumers.

It should be noted that in Poland there was a system of support for electricity-producing prosumers before the entry into force Directive 2018/2011 36 . In September 2013 entered into force Act dated 26 July 2013 amending the Act – Energy Law and some other laws 37 , commonly referred to as the "small energy trip".

The Polish legislature introduced the possibility of generating electricity in micro-installations by natural persons without the need for them to start business with the right to sell produced energy at a price equal to 80% average selling price of electricity in force in the year preceding the sale[38].

In 2015, With the entry into force of the original provisions of the RES Act, the so-called feed-in tariff system was introduced for the sale of energy produced in micro-installations with power to 3 kW and in micro-installations with power above 3 kW to 10 kW[39].

But already in 2016 The legislator abolished the guaranteed tariff system and introduced the ‘net-metering’ in its place. In addition, electricity generators in RES micro-installations were obtained in 2016 the right to sell surplus energy at an average wholesale market price in the previous quarter.

Both net -metering and the system of resale of surpluses, with some modifications still work today[40]. The current support scheme for renewable energy prosumers will be discussed below. The Polish legislator has introduced numerous facilitations regarding the establishment and connection of RES microinstallations to the electricity grid.

The possibility of locating micro-installations in areas that have a non-production purpose in local plans has been introduced, so that residents can also join prosumer movement.

By Article 29(2)(16) Construction Laws (hereinafter: u.p.b.) 41 , construction works related to the installation of RES micro-installations, generating energy by means of solar radiation, are exempted from the obligation to notify or obtain a construction permit.

In addition, the content of this provision provides that operators building RES micro-installations whose maximum installed capacity is less than 6.5 kW shall be exempted from the obligation to prepare the construction project.

The instruments supporting the prosumer of renewable energy also include preferential regulations for the connection of micro-installations to the electricity grid. The renewable energy project is exempt from the levy on the connection of micro-installations to the electricity distribution network (Article 7(8)(3) u.p.e.).

Another facilitation is that the connection of micro-installations takes place on the basis of a notification rather than a connection contract (Article 7(8d4) u.p.e.). After receiving the notification, OSD has 30 days to connect micro-installations to the network.

It should be noted that the cost of installation of a safety system and a measuring and settlement device for the micro-installation of RES shall be borne by the OSD to which it intends to join the renewable energy prosumer (8d)[4] u.p.e.)[42].

The solutions presented above will undoubtedly make the investment process associated with the establishment of RES microinstallations more attractive, as they significantly accelerate it. The above facilities resulting from the content of u.p.e.

mean that the prosumer of renewable energy, regardless of the amount of surplus offered in the RES microinstallation, generally has the guarantee of its introduction to the distribution network[43].

However, it should be criticised that only construction works related to the installation of solar or agricultural biogas-producing RES microinstallations are exempted from the obligation to obtain a construction permit, while such exemption is not provided for construction works related to the construction of wind-generating microinstallations.

It should be stressed that there are no legal impediments to the construction of energy-generating RES micro-installations in built-up areas inhabited by potential renewable energy prosumers.

Provisions Act dated 20 May 2016 on investments in wind farms (hereinafter: u.e.i.w.) 44 , with rigid distance requirements from residential buildings and forms of nature protection for wind power plants concern, as defined in that Act (Article 2(1) u.i.e.w.), only those wind turbines with more than micro-installation capacity within the meaning of Article 2(19) Act dated 20 February 2015 with renewable energy sources (hereinafter: u.o.z.e.)[45].

Thus, the 10H rule contained in the Wind Farm Investment Act, which requires turbines to be located at a distance from buildings of no less than ten times their total height, will not apply to wind-using RES microinstallations (Article 4 u.i.e.w.).

Therefore, it should be proposed that wind micro-installations be replaced exhaustively under Article 29(2) u.p.b. thus excluding them from the obligation to notify or obtain a permit to perform works.

The legislator, in order to encourage as many operators as possible to become renewable energy prosumers, introduced a periodic settlement system, the so-called empties system, which consists in the fact that, under the provisions of the RES Act, the obliged seller, who is the electricity seller with the largest volume of its sales on the premises of the relevant distribution or transmission network operator, settles the amount of electricity entered into the network against the amount of energy taken from that network by the prosumer (Article 4(1) u.o.z.e.

in relation to Article 40(1) u.o.z.e.). For micro-installations with a power greater than 10 kW — the quantitative ratio is 1 to 0.7. In the case of micro-installations with a power of not more than 10 kW – the quantitative ratio is 1 to 0.8 46 . As per content Article 4(2) u.o.z.e.

the energy calculation made by the renewable energy prosumer shall be based on the indications of the measurement and settlement device for the micro-installation concerned.

The settlement system presented above is a solution that allows the prosuming of renewable energy to balance part or all of the electricity consumption with electricity produced on its own from RES systems[47]. The drain system works by using a two-way counter that can record energy flow[48].

The mechanism to support the prosumer of renewable energy in the form of a empties system undoubtedly aims at maximising the use of electricity at the place of production[49].

This system is certainly attractive to prosumers, as it allows them to reduce electricity charges by introducing generated electricity into the electricity grid[50].

There is no doubt that the current shape of the empties system is flawed if the renewable energy prosumer does not receive the surplus energy produced to the grid over the period to 365 days after the settlement reading date, the excess energy generated is lost.

In practice, this means that part of the energy generated by the obliged seller may receive free of charge. Doubts may arise as to what will happen after the expiry of the support scheme.

This period is currently ongoing by fifteen years from the date of generation of electricity for the time being first, but not more than one day 30 June 2039 (Article 40(1b) u.o.z.e.).

By the date of manufacture first RES electricity shall be understood as the day on which electricity remains for the time being first introduced to the distribution network. It should be assumed that, after this time, renewable energy prosumers give any surplus or all of the energy produced for free to the sellers[51].

The protection of the renewable energy prosumer under consumer legislation must be considered as a support element for its functioning[52]. Article 4(7) u.o.z.e.

provides that, in the scope of the non-regulated Law to settle in the context of the empties system in the case of a consumer renewable energy prosumer within the meaning of the Civil Code Act (hereinafter: k.c.) 53 The rules on the protection of the rights of end-user and consumer protection apply (it should be noted that this provision has the same meaning as before the amendment of u.o.z.e.

2019)[54]. The possibility of a consumer becoming a consumer by a renewable energy prosumer means that he has the right to complain to an energy company about the connection of micro-installations, clearing and distribution of this energy (Article 6c(1a) u.p.e.).

If the energy company has not taken this complaint into account, the claim may be made within the time limit fourteen days from the date of receipt of the notification of non-compliance with the complaint to the negotiating coordinator with the request to consider the dispute in this respect (Article 6c(3) u.p.e.).

It should be stated that a consumer’s renewable energy prosumer within the meaning of c.c. is treated as a ‘traditional’ consumer, as it has specific rights under existing legislation.[55].

Allowing renewable energy prosumers to benefit from consumer rights is undoubtedly part of the doctrine's belief that consumer protection is needed because of its weaker position with the entrepreneur[56].

It should be stated that the inclusion of consumer protection in a renewable energy prosumer constitutes a transposition of content Article 21 Directive 2018/2001 in this respect.

Failure to grant consumer protection to renewable energy prosumers who are legal persons or defective legal persons does not adversely affect the correct transposition Directive 2018/2001, they retain their rights under the status of final recipient. Therefore, objectives Directive 2018/2001 have been fulfilled in the Polish legal order.

It should be noted that, with the implementation of the concept of collective prosumer under Polish law, the legislator should cover entities operating within its framework the protection of end-users and consumers, as they are entities with a weaker position in the energy market than professional energy companies.

Summary

The involvement of prosumers in the development of the energy sector is one on the basis of the European Union's energy policy. The support of these actors is an integral part of the RES promotion activities resulting from the adoption by the EU Directive 2018/2001.

This directive requires EU Member States to create a favourable legal framework for the development of civic energy. Allowing independent energy production puts Polish citizens at the heart of the transition to distributed energy.

However, on the grounds of u.o.z.e., the rules of operation of the collective prosumer were not regulated nor were prosumers of renewable energy storage of surplus energy produced in energy storage facilities allowed.

Delays in the transposition of EU law in this regard prevent individuals and businesses from fully engaging in the development of the energy sector and create legal uncertainty.

The legislator should therefore redesign the existing mechanisms towards solutions supporting the highest level of autoconsumers of electricity produced by supporting the collective prosumer and using RES installations integrated into energy storage.[57].

It should be noted, however, that the legal solutions concerning the prosumer of renewable energy have contributed to the development of the prosumer movement in Poland.

According to the ERO President's report on electricity produced in micro-installations (including renewable energy prosumers) and introduced to the distribution network, at the end 2019 number of prosumers in Poland was around 149 thousand 58 .

The data provided clearly shows that despite the incomplete transposition of the rules Directive 2018/2001 to national law, the actions of the Polish legislator were a good step towards regulating the status of a prosumer of renewable energy.

_________________________

31 Statistics on housing, Eurostat, Brussels 2019, https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Housing_statistics/pl#Rodzaj_lokalu_mieszkalnego (access: 30 November 2020)

32 Concept of changes in regulations supporting the development of prosumer energy, Warsaw 2019, p. 15, https://www.gov.pl/web/rozwoj-praca-technologia/upowszechnianie-energetyki-prosumenckiej-priorytetem-mpit (access: 20 January 2021).

34 EREF, Recommendations to strengthen prosumers and energy communities when transposing the Clean Energy Package (RED II, IEMD), Transposition Guidance for citizen energy policies, Brussels 2020, https://proseu.eu/sites/default/files/Resources/PROSEU_Transposition%20Guidance%20for%20REDII%20and%20EMD.pdf (access: 20 January 2021).

35 M. Polom, Impact of the spatial structure of the power supply system on the energy-intensiveness of urban traction — measurement of transmission losses, ‘TTS Sienna Transport Technology’ 2015, No 5, p. 45–47.

36 W. Cukuła, op. cit., p. 2.

37 Act dated 26 July 2013 amending the Act – Energy Law and some other laws (text one. Journal of Laws of 2013, item 984)

38 W. Cukuła, op. cit., p. 2.

39 Text one. Journal of Laws of 2015, item 478.

40 W. Cukuła, op. cit., p. 2.

41 Act dated 7 July 1994 – Construction law (text one. Journal of Laws of 2020, item 1333

42 M. Przybylska, op. cit., p. 107.

43 I. Swedek-Bork, How many consumers in prosumer under the Renewable Energy Act?, [in:] Consumer law in practice, ed. M. Czarnacka, T. Skoczny, Warsaw 2016, Legalis, p. 52.

44 Act dated 20 May 2016 on investments in wind power plants (text one. Journal of Laws of 2020, item 981).

45 Text one. Journal of Laws of 2020, item 261 as amended

46 M. Błażejowska, Instruments of the Prosumer Energy Support System, Scientific Yearbooks of the Association of Agricultural and Agribusiness Economists 2016, No 5, p. 25–26.

47 A. Poullikkas, G. Kourtis, I. Hadjipassalis, A review of net metering mechanism for electricity renewable energy sources, ‘International Journal of Energy and Environment (IJEE)’ 2013, No 4 (6), p. 975–1002

49 W. Cukuła, op. cit., p. 3.

[50] Ibid

51 Wiśniewski, Economic Effects of the Amended Renewable Energy Resources Act in relation to Micro-Installation, Warsaw 2016, http://ieo.pl/pl/raporty/78--27/file (access: 20 January 2021).

52 S. Milciuvene et al., The Role of Renewable Energy Prosumers in Implementation Energy Justice Theory, "Sustainability" 11, 2019, No 19, p. 2–4, https://doi.org/10.3390/su11195286 (access: 10 January 2021).

53 Act dated 23 April 1964 – Civil Code (text one. Journal of Laws of 2020, item 1740).

54 M. Szyrski, op. cit.

55 M. Arrival, op cit., p. 105.

56 Civil Code. Commentary, ed. E. Gniewek, P. Machnikowski, Warsaw 2016, Legalis, p. 50.

57 M. Gałczyński et al., EU ETS reform: How not to waste another chance to decarbonise the Polish economy, Warsaw 2018, p. 10, https://www.documents.clientearth.org/wp-content/uploads/library/2018-05-20-reforma-eu-ets-jak-nie-zmarnowac-kolejnej-szansy-na-dekarbonizacje-polskiej-gospodarki-coll-pl.pdf,s.66–68 (access: 20 January 2021).

58 Energy Regulatory Authority, Report containing aggregate information on electricity produced from renewable energy sources in micro-installations (including prosumers) and introduced to distribution network In 2019, https://www.teraz-srodowisko.pl/media/pdf/aktualnosci/8402-Raport-URE-energia-elektryczna-mikroinstalacje-2019.pdf (access: 20 January 2021).

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The article comes from a quarterly Student Legal, Administrative and Economic Works, Tom 35 (2021), Wydawnictwo Uniwersytet Wrocławskiego