Generation of energy from renewable sources

Draft Regulation of the Minister for the Environment on the specific quality characteristics and dimensions of energy wood

The objective of the Regulation is to lay down specific quality characteristics and dimensions of energy wood, taking into account the need for optimal usage of wood for industrial and energy purposes. The definition of energy wood is set out in Article 2(7a) of the Renewable Energy Sources Act of 20 February 2015, which stipulates that energy wood is wood which, due to its quality characteristics and dimensions, has a reduced technical and useful value, making it unfit for industrial applications, as well as wood biomass from agricultural sources, especially wood that:

1) was obtained following the occurrence of force majeure, provided it was not purchased for other purposes;

2) was kept in a forest and was not picked up by the buyer through their fault;

3) became degraded to an extent that made it unfit for other purposes than energy, if it was kept in a forest due to the lack of a buyer.

In § 2 of the draft, quality characteristics and dimensions of energy wood for round and split wood are set out. Moreover, § 3 lays down the quality characteristics and dimensions of energy wood for wood obtained during logging, agricultural drainage works, handling of the consequences of natural disasters that affected a tree stand and the harvesting of wood from land excluded from forestry production, raw material produced from energy crops, as well as wood waste from agriculture and wood residue obtained during agricultural works, which due to its origin or form shall be deemed energy wood regardless of its quality and dimensions. This is due to natural differences in quality and dimensions between various groups of raw material, which means that any given characteristic can determine that a particular material is energy wood. At the same time, if this material had been excluded from the Regulation it could not be used as an energy source, even though it would be the most appropriate application for it, considering the major differences in terms of quality characteristics and dimensions between particular groups of material that reduce its technical and useful value, making it unfit for industrial applications.By virtue of § 4(5) of the draft, wood that is a product resulting from the processing of energy wood, regardless of its quality characteristics and dimensions, will be deemed energy wood, provided it is not contaminated with substances that do not naturally occur in wood. The draft distinguishes between wood waste and by-products of wood and wooden products which, during the manufacturing process, were to no extent contaminated with substances that do not naturally occur in wood (§ 4(5)-(8)) and wood waste that was contaminated with such substances and to which, if they are to be burnt for energy purposes, the provisions of the Waste Act of 14 December 2012 apply (Journal of Laws (Dziennik Ustaw) 2019, item 701 as amended).