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THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricitynote, as amended by Regulation (EU) 2024/1747 of the European Parliament and of the Council of 13 June 2024 amending Regulations (EU) 2019/942 and (EU) 2019/943 as regards improving the Union’s electricity market designnote, and in particular Article 64 thereof,Whereas:
HAS ADOPTED THIS DECISION:
Article 1#
A derogation is granted to the Republic of Poland from Article 22(4), point (b) of Regulation (EU) 2019/943 as regards the emission limit for the existing capacity mechanism approved by the Commission before 4 July 2019, subject to the following conditions:
(a)Poland amends the NRAA to take into account the issues described in recital (145) above. In particular, the NRAA shall:
(i)estimate the amount of electricity to be exported by Poland in the future on the basis of the result of a modelling exercise and using reasonable assumptions; and
(ii)estimate the likelihood of retirement, mothballing and new-build of generation assets on the basis of estimated revenues and costs over a period of 10 years, rather than for a single year; and
(iii)justify the assumptions on the maintenance patterns on the basis of actual maintenance schedules and explain how those patterns relate to the estimates in the NRAA in order to demonstrate that they constitute a national specificity of the Polish generator fleet;
(b)the Polish NRA verifies whether the total amount of capacity to be procured under the updated NRAA is justified and, in particular, whether it reflects the needs of the system in situations of simultaneous scarcity.
Article 2#
The Republic of Poland may allow generation capacity that started commercial production before 4 July 2019 and that emits more than 550 g of CO2 of fossil fuel origin per kWh of electricity to be exceptionally committed or receive payments or commitments for future payments after 1 July 2025 in supplementary auctions under the existing capacity mechanism approved by the Commission before 4 July 2019.
Article 3#
The derogation granted under Article 1 shall apply until 31 December 2028, provided that the conditions set out in Article 64(2c) of Regulation (EU) 2019/943 are complied with for the entire duration of the derogation.
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