Report launch: Implementation of agrivoltaic projects in Poland

Together with the Polish Photovoltaics Association, we invite you to another premiere. This time we publish a Report on agrovoltaics in Poland, which indicates the key administrative and legal barriers hampering the development of this technology in Poland.

Implementation of agro-voltaic projects in Poland – key administrative and legal barriers

identifies obstacles to the development of agroPV and provides recommendations for enabling the development of this technology to support the energy transition. Particular attention is paid to the lack of definition of agroVoltaics, restrictions on dual land use, the risk of losing direct subsidies and tax issues.

The report was developed by experts from our law firm and the Polish Photovoltaic Association:
🔸dr Magdalena Porzeżyńska
🔸Michał Krzaczek,
🔸Marek Kononowicz
🔸Ewa Magiera – President of the Board of the PSF
🔸Katarzyna Jabłońska-Przywecka PhD,
🔸Dariusz Mańka, PhD,
with the support of the European Climate Foundation.

The publication is aimed at investors, farmers, PV project developers, public administration staff and all those interested in the synergy between agriculture and renewable energy.

The report focuses on the key administrative and legal obstacles as well as practical challenges faced by investors interested in the development of agrovoltaics (agroPV) – an innovation consisting in the simultaneous use of the same land for agricultural purposes and energy generation from photovoltaic installations.

The publication highlights the huge potential of such a solution for Polish agriculture, as well as the need to introduce coherent legal regulations in this area.

The report is based on an analysis of national and EU legislation, a search for practices in selected member states, surveys and industry consultations.

The main objectives of the report are toidentify the key barriers to the implementation of agro-voltaic projects in Poland; to carry out a diagnosis of the current investment process for the location of PV installations on agricultural land; and to present proposals for legislative changes (de lege ferenda postulates), which will enable a synergic combination of agricultural activity with solar energy production.

This abridged version of the report presents the most relevant conclusions of the analyses and details the biggest challenges faced by investors in the agroPV sector.

In addition, the authors have identified specific legislative recommendations to facilitate the investment process while maintaining the principle of proportionality, in particular with regard to the protection of agricultural land and the environment.

An additional assumption of the study is to collect and present solutions dedicated to agroPV implemented in other EU Member States which are successfully developing this technology.

The growing need to accelerate the energy transition and the approaching deadline for the implementation of the RED III Directive (May 2025) further emphasise the importance of legislative challenges in the field of RES.

Agrovoltaics can play an important role in increasing the share of RES in the Polish energy mix, provided that a regulatory environment conducive to its development is ensured.

We invite you to read more!

Download the report