Our Law Firm has prepared a brief introduction to the concept of energy communities, outlining the current and future benefits of their establishment.
In addition, we have compiled a more comprehensive professional document that includes the relevant European Union and Hungarian legal provisions as well as international best practices.
The short introduction is intended for readers who are new to the topic, while the in-depth professional material is aimed primarily at those who already have experience in this field or are seeking a deeper understanding.
Based on our expertise in this area of law, our firm is ready to assist you in the following matters:
Summary
At present, the installation of new wind turbines in Hungary is not possible: not because of natural conditions or technological constraints, but by legislation. Of the latter, neither the regulation of energy law, nor the nature protection restrictions, nor the rules of possible support schemes (the wind is not excluded from these either), but the construction restrictions exclude in fact the construction of a wind power plant. The reason for this is the energy policy and also partially the legal consequences of a specific lawsuit in which our office has acted. New wind power plant capacities can only be established following a special tender procedure to be conducted by HEA based on a special Decree on the conditions of the tender for the construction of wind power capacity, the minimum content requirements of the tender and the rules of the tender procedure.
As for the wind turbines built and licensed before 2016 (a total of ~ 300 MW), some of them were built by owners attributed to the then (socialist) government. Most of them still operate today, they produce in a mandatory off-take system of electricity, the transmission system operator MAVIR buys the produced electricity at a fixed price established by law (indexed by the Hungarian Energy and Public Utility Regulatory Authority (“HEA”), after the capacity according to the decision of the HEA. All of these previously built power plants are marketable, and several changes of ownership have taken place in recent years, but the so-called a mandatory off-take (KÁT) permit of many will soon expire, after which it will only be possible to sell electricity on the open market. Here, in addition to the licensing side, special attention should be paid to issues related to balancing energy settlement and also to network use, as their rules have changed significantly since the original licensing and commissioning, mainly in 2020-2021, as well as to existing restrictions in case of expansion / modernization. (the full text please find in the attached file)
Download (PDF) - Wind park regulatory overview ENG (002).pdf [550 KB pdf]