New obligations for pellet and biomass producers and sellers. Draft legislation provides for inspections, testing and penalties

Producers, importers and sellers of pellets, briquettes and other solid biofuels need to prepare for significant changes. A government bill (Sejm Paper No. 3134) provides for an expanded fuel quality control system, mandatory quality certificates, laboratory testing and new restrictions on placing biomass on the market. The provisions may also apply to businesses for which biomass sales are only a secondary activity.

A government bill amending the Act on the Fuel Quality Monitoring and Control System (Sejm Paper No. 3134) has been submitted to the Sejm. On 28 September 2026, it was referred for its first reading to the Committee on Energy, Climate and State Assets.

The proposed regulations aim to establish uniform quality requirements for certain solid biofuels and bring them within the control system already operating in the fuel market.

For businesses, however, the changes primarily mean new documentation obligations, a need to verify the quality of products sold, and potential liability for breaches of the regulations.

Which products will the new provisions cover?

The bill introduces a definition of solid biofuels covering both woody and non-woody biomass.

Products covered by the proposed regulation include:

• wood pellets and briquettes,

• wood chips,

• firewood,

• non-woody pellets and briquettes, including agricultural biomass pellets,

• straw bales and blocks,

• other types of woody and non-woody biomass.

However, it is important to distinguish between the scope of the individual obligations.

The new quality requirements, laboratory testing and quality certificates are intended to apply primarily to wood pellets and briquettes, wood chips, and non-woody pellets and briquettes. Not all products classified as solid biofuels will therefore be subject to identical requirements.

The bill generally concerns fuels intended for use in households and combustion installations with a rated thermal input of less than 1 MW.

This means that determining a business’s obligations will depend not only on the type of product, but also on its intended use.

Mandatory quality certificates for solid biofuels

One of the most significant changes is the introduction of an obligation to issue quality certificates for certain solid biofuels placed on the market.

Under proposed Article 6c, businesses will be required to issue a document confirming that the solid biofuel meets the applicable quality requirements.

The certificate will include, among other things, the business’s details, the type of fuel, its quality parameter values, the basis for confirming compliance with the requirements, and a declaration that those requirements have been met.

A copy of the certificate, together with a copy of the test results, will have to be provided to every purchaser of the solid biofuel.

The bill also provides for an obligation to retain quality certificates and test results for two years.

In practice, businesses may need to adapt their sales procedures, document workflows and arrangements with suppliers.

Testing in accredited laboratories – an important exemption for distributors

The bill provides that businesses placing certain solid biofuels on the market will be required to carry out testing to confirm compliance with quality requirements.

Testing is to be performed in accredited laboratories using methods specified in the relevant implementing regulations.

An important exemption is also envisaged.

A business placing a solid biofuel on the market without making changes that affect its quality parameters will be exempt from the testing obligation under proposed Article 6c(1b).

This provision may be particularly relevant to distributors and trading companies that purchase finished products and resell them without modification.

However, exemption from carrying out their own testing does not automatically mean exemption from other obligations, particularly those relating to issuing and providing quality certificates.

Businesses should therefore verify whether the documentation received from suppliers will be sufficient to fulfil the new obligations properly.

New restrictions on sales of biomass and peat

The bill also provides for an extension of prohibitions on placing certain fuels on the market and placing them under the customs procedure for release for free circulation.

The restrictions are intended to cover, among other things, solid biofuels that do not meet quality requirements and products for which the required certificate has not been issued.

Particular attention should be paid to other woody and non-woody biomass. The bill proposes bringing these categories within the prohibition set out in Article 7 of the Act, where the fuels are intended for uses covered by the regulation.

A separate change involves extending the prohibition concerning peat. Under the bill, the relevant provisions are scheduled to enter into force on 1 July 2027.

The new restrictions may require some businesses to review their product ranges and determine which products may continue to be offered as fuels for heating households and small installations.

Which businesses should assess the new obligations?

The proposed changes are particularly relevant to pellet and briquette producers, biomass importers, and wholesale and retail distributors of solid fuels.

However, the analysis should not be limited to businesses specialising in the sale of heating fuels.

The new provisions may also be relevant to:

• wood industry businesses and sawmills selling biomass for heating purposes,

• manufacturers of furniture and wooden products using production residues to manufacture fuels,

• agri-food businesses producing or selling fuels made from plant-based residues,

• retail chains, DIY stores and online shops offering pellets and briquettes,

• importers and distributors of solid biofuels from abroad.

For manufacturing businesses, it will be particularly important to determine whether residues generated at a facility are used solely internally or constitute a product placed on the market as fuel.

The generation of biomass during a production process does not, in itself, automatically make a business subject to all the proposed obligations.

The relevant factors will include the type of product, how it is managed, its intended use and the sales model.

Quality inspections and penalties for businesses

The bill proposes bringing solid biofuels within the existing fuel quality monitoring and control system.

Inspections are to be carried out by the Trade Inspection Authority and the authorities of the National Revenue Administration.

They may include sampling, laboratory testing and verification of quality certificates.

The bill also provides for an extension of the scope of sanctions for breaches of obligations relating to quality certificates.

Under the Act on the Fuel Quality Monitoring and Control System, certain breaches of documentation obligations may result in administrative fines:

• from PLN 10,000 to PLN 25,000 – where the value of the fuel placed on the market does not exceed PLN 200,000;

• from PLN 25,001 to PLN 100,000 – where the value of the fuel exceeds PLN 200,000.

These sanctions should be distinguished from liability for placing fuels on the market in breach of statutory prohibitions. In certain cases, the provisions provide for substantially more severe consequences, including fines and criminal liability.

In addition, if inspection testing reveals a failure to meet quality requirements or a discrepancy between the fuel’s parameters and its quality certificate, the business may be charged the costs of sampling and testing under the rules set out in the Act.

When will the new provisions enter into force?

Under the bill, the Act is generally intended to enter into force six months after its publication, except for certain provisions concerning peat, for which the scheduled date is 1 July 2027.

As of 14 October 2026, the bill remains under consideration in the Sejm. The final date on which most of the new obligations begin to apply will therefore depend on the completion of the legislative process and publication of the Act.

Detailed quality requirements, testing methods and the quality certificate template will be specified in implementing regulations.

Businesses should therefore monitor both the progress of the bill and the implementing regulations being prepared.

How can businesses prepare for the new obligations?

Even at this stage, it is worth conducting a preliminary review of products and the way they are placed on the market.

In particular, it will be important to:

1. Identify products that may qualify as solid biofuels.

2. Determine their intended use and the scope of the new quality requirements.

3. Verify the obligations of the producer, importer and distributor under the sales model used.

4. Analyse the quality documentation received from suppliers.

5. Prepare procedures for issuing and providing quality certificates.

6. Review the product range in light of the new restrictions on placing products on the market.

The new regulations mean that compliance with solid biofuel quality requirements will become not only a commercial matter, but also an important aspect of product compliance and businesses’ regulatory liability.

For companies involved in biomass trading, determining the scope of their obligations sufficiently early will help reduce the risk of problems with documentation, inspections and the ability to continue selling products.

Contact

Krzysztof Wiński
Partner, Thedy & Partners
E-mail: krzysztof.winski@thedy.pl
Tel.: +48 519 506 434

Tomasz Orłowski
Senior Manager, Thedy & Partners
E-mail: tomasz.orlowski@thedy.pl
Tel.: +48 519 504 890