|Exclusion from tenders for five years as a consequence of the negative verification of energy savings|
|Sunday, 14 March 2010 21:12|
The current achievement in this area is the draft of the Law on energy efficiency (version of 5 November 2009), published at the website of the Polish Ministry of Industry (www.mg.gov.pl).
The draft law envisages inter alia the framework for the system of “white certificates” that will be issued by the Polish Energy Regulatory Office (URE) and serve as a confirmation of the energy savings that follow energy efficiency improvement measures
The interesting concept of the Polish framework for the “white certificates” are tenders organised by the URE in order to choose these energy efficiency improvement measures, which will be entitled to obtain energy efficiency certificates.
I’m afraid that some of these provisions require some corrections. It relates especially to article 22 of the draft. Art. 22 par. 6 provides that the President of URE immediately informs the entity, which was granted the white certificates, of the negative verification of energy savings. The procedure laid down in art. 23 of the draft doesn’t mention that on such an occasion an issuance of a administrative decision is required – enabling thus the entity which obtained the notification to appeal against the decision.
The matter seems to be essential, because the consequence of the aforementioned negative verification of energy savings is the exclusion from tenders for the period of five years (art. 23 par. 6). It could be costly.