Nuclear energy in Poland – Legal guide for foreign suppliers and investors

Last updated: 07.09.2026

Poland is entering a key stage in the development of its nuclear programme. Nuclear energy in Poland is moving from planning towards licensing, construction and the organisation of supply chains for the country’s first nuclear power plant. The project is being developed at the Lubiatowo-Kopalino site in the Choczewo municipality in Pomerania, on Poland’s Baltic coast, by the state-owned company Polskie Elektrownie Jądrowe (PEJ), with Westinghouse Electric Company and Bechtel involved in its delivery.

For Polish and foreign companies, this creates significant commercial opportunities. Foreign businesses can participate in the Polish nuclear market, but the legal requirements will depend on what they supply, what activities they perform and where they sit in the nuclear supply chain. Entering the sector may involve nuclear licensing and regulatory approvals, supplier qualification, quality and documentation standards, export controls, sanctions, public procurement rules and contractual risk.

The analysis below focuses on the issues that matter most when assessing market entry: which licences or regulatory approvals may be required, how nuclear suppliers are qualified, what rules apply to the import and export of nuclear technology and dual-use goods, how companies can participate in tenders or subcontracting arrangements, and where the main legal and contractual risks arise.

It is particularly relevant for technology providers, suppliers, contractors, importers, exporters, investors and industrial companies planning to participate in nuclear projects in Poland.

Nuclear energy in Poland: Why is the market opening now?

The implementation of the Polish nuclear power programme is one of the country’s largest strategic infrastructure projects and an important element of its energy security.

On 31 March 2026, Polskie Elektrownie Jądrowe submitted an application to the President of the National Atomic Energy Agency for a licence to construct the first Polish nuclear power plant.

The project has therefore entered the regulatory and implementation phase. The planned plant will comprise three AP1000 nuclear reactors with a combined capacity of approximately 3,750 MWe. The AP1000 is a Generation III/III+ reactor technology developed by Westinghouse.

According to the current timetable, the first nuclear concrete is planned for Q4 2028. Commercial operation of the first reactor is expected to begin in 2036, followed by the remaining nuclear units in 2037 and 2038.

For domestic and foreign companies, this means that supply chains for the Poland nuclear power plant project are now being formed and business decisions taken during the coming years may determine access to contracts throughout the construction phase.

The project has also been provided with substantial public financing. PLN 60.2 billion has been allocated for the recapitalisation of the project in the period 2025–2030, while the financing model is expected to combine equity and debt financing.

Construction preparations and related infrastructure projects in Pomerania will require participation from companies operating in a wide range of sectors.

The scale of the programme is substantial. Investment expenditure on the nuclear power plant itself is expected to exceed PLN 160 billion over the coming decade, while expenditure including accompanying infrastructure may approach PLN 200 billion. Foreign companies considering participation in the project should already be analysing where they may enter the supply chain and which regulatory, qualification and contractual requirements apply to their role.

Poland’s nuclear power plant project – What opportunities does it create for foreign companies?

The construction of Poland’s first nuclear power plant, together with further planned nuclear projects, is expected to create long-term opportunities for both Polish and foreign businesses.

The principal opportunities concern:

• reactor technology providers;
• engineering companies and construction contractors responsible for the design and development of infrastructure;
• manufacturers of components, equipment and systems used in nuclear facilities;
• companies providing quality-control, certification and nuclear compliance services;
• cybersecurity companies;
• physical security providers;
• critical infrastructure protection specialists;
• providers of digital solutions supporting the future operation of nuclear facilities.

The commercial opportunities will not be limited to the largest EPC contractors.

A substantial part of the market will be available to specialised manufacturers, service providers and subcontractors capable of becoming part of the domestic and international supply chain for nuclear suppliers in Poland.

Second nuclear power plant in Poland – Another opportunity for suppliers and investors

The Polish nuclear programme is not limited to the first plant at Lubiatowo-Kopalino.

The Polish Government has indicated Bełchatów and Konin as preferred locations for the second nuclear power plant, with the selection of a strategic partner and reactor technology expected in 2027.

Construction is currently expected to begin around 2032, with the first unit potentially entering operation around 2040. If both projects proceed according to the current programme, Poland will ultimately develop two nuclear power plants.

For foreign suppliers, contractors and investors, this means that the Polish nuclear market is likely to develop over a period of several decades rather than around a single project.

The second plant may generate further demand for:

• nuclear technologies and components;
• engineering services;
• construction works;
• quality assurance services;
• cybersecurity solutions;
• regulatory and legal support.

Practical takeaway: Companies investing in nuclear supplier qualification for the first project should assess the opportunity from a long-term market perspective, as their capabilities and references may also be relevant to subsequent Polish nuclear projects.

What obligations apply to companies operating in the nuclear sector in Poland?

The answer depends primarily on the role that a company performs within the nuclear project.

The Polish nuclear sector is subject to an extensive regulatory framework, but not every supplier, contractor or investor is subject to the same licensing or administrative obligations.

The scope of the company’s activities is therefore critical.

Depending on the circumstances, key obligations may include:

• obtaining a licence, permit or other regulatory authorisation, or making a required notification in matters relating to nuclear safety and radiological protection;
• complying with nuclear safety and radiological protection requirements through appropriate internal supervision;
• appointing responsible personnel where required;
• conducting appropriate employee training;
• implementing quality assurance procedures;
• maintaining an integrated management system where legally required.

Separate obligations may apply to technology providers and manufacturers of specialised equipment or components used in the nuclear sector.

For these businesses, particular attention must be paid to:

• technical qualification;
• certification;
• quality standards;
• supplier qualification procedures;
• technical documentation;
• traceability and auditability.

Additional requirements may also arise where goods, software or technology are classified as strategic goods or dual-use goods. In such cases, an individual, global or other appropriate export authorisation may be required depending on the transaction.

Practical takeaway: Before entering into a nuclear contract, a company should identify precisely which entity will manufacture, export, import, install or service the relevant equipment and assess the regulatory obligations applicable to each activity.

Nuclear licensing in Poland – key requirements under the Polish Atomic Law

The principal statute regulating nuclear activities in Poland is the Act of 29 November 2000 – Atomic Law.

The President of the National Atomic Energy Agency – Państwowa Agencja Atomistyki (PAA) is the central government authority responsible for nuclear safety and radiological protection.

Its responsibilities include, among other matters, the issuance of regulatory decisions and nuclear licences relating to activities governed by the Atomic Law.

It is important for international companies to distinguish between the different legal instruments used in Poland.

A nuclear licence or other regulatory authorisation issued under the Atomic Law should not automatically be described as a concession. The term concession is generally more appropriate for particular regulated economic activities, including certain activities governed by Polish Energy Law.

Depending on the procedure, the correct English terminology may therefore be:

• nuclear licence;
• permit;
• authorisation;
• regulatory approval;
• consent;
• or, where legally appropriate, concession.

When does an activity require a licence, notification or other regulatory filing?

Under the Atomic Law, activities involving, in particular:

1. manufacturing, processing, storing, transporting or using nuclear materials, radioactive materials or radioactive sources;
2. constructing, commissioning, operating or decommissioning nuclear facilities;
3. trading in radioactive materials or radioactive sources;
4. storing, transporting, processing or disposing of radioactive waste;
5. storing, transporting or processing spent nuclear fuel or trading in such fuel;
6. isotope enrichment;
7. manufacturing, installing, using or servicing equipment containing radioactive sources, or trading in such equipment;
8. commissioning or using equipment generating ionising radiation,

may require a licence, notification or another regulatory procedure relating to nuclear safety and radiological protection, depending on the circumstances and applicable exemptions.

An application for a licence must identify the type, scope and location of the proposed activity involving exposure.

As a rule, a licence may be issued for an indefinite period unless the applicant requests that it be issued for a specified period.

Where necessary, the regulatory decision may also impose detailed conditions concerning the performance of the licensed activity.

A licence may be revoked where statutory grounds arise, including where:

• a final ruling prohibits the entity from performing the activity covered by the licence;
• the entity ceases to satisfy the statutory requirements applicable to the licensed activity;
• the entity fails, within the period specified by the authority, to remedy a factual or legal situation that is inconsistent with the licence or applicable legislation;
• the entity fails to comply with sanctions imposed on it by the European Commission where the relevant statutory provisions apply.

Practical takeaway: A foreign supplier should not assume that the project developer’s nuclear licence automatically covers every regulated activity performed independently by the supplier or its subcontractors.

Obligations of the head of the organisational unit and the Radiation Protection Officer

Polish nuclear law places responsibility for compliance with nuclear safety and radiological protection requirements on the head of the relevant organisational unit.

Where an entity performs an activity requiring a licence in connection with exposure to ionising radiation, the head of the organisational unit must establish and implement an appropriate quality assurance programme.

Depending on the activity, the programme may address:

• allocation of responsibilities and tasks between employees in the field of nuclear safety and radiological protection;
• procedures concerning operation, maintenance and upkeep of ionising radiation sources and associated equipment;
• protection of radioactive sources against damage, theft or unauthorised access;
• procedures for managing radiological emergencies.

Internal supervision over compliance with radiological protection requirements in an entity carrying out activities requiring a licence is generally performed by an appropriately qualified Radiation Protection Officer.

Where the entity carries out activities involving the construction, commissioning, operation or decommissioning of nuclear facilities, the Radiation Protection Officer may also perform internal supervision relating to nuclear safety requirements.

Foreign entities carrying out regulated activities in Poland should determine at an early stage whether Polish law requires them to designate specific responsible personnel or establish additional internal compliance functions.

What requirements apply to employees and training?

Specific requirements also apply to personnel working with:

• nuclear material;
• sources of ionising radiation;
• radioactive waste;
• spent nuclear fuel;
• or within nuclear facilities.

Employees may only perform such work where they have appropriate knowledge of nuclear safety and radiological protection requirements and undergo the required training.

Where employees work under exposure conditions, appropriate medical assessment confirming that there are no contraindications to such work may also be required.

The head of the organisational unit is responsible for ensuring the provision of initial and periodic training.

In organisational units carrying out activities involving the commissioning, operation or decommissioning of nuclear facilities, additional mechanisms may apply to the verification of employees’ professional qualifications.

Practical takeaway: Staffing a nuclear project should be treated as a compliance issue as well as an HR issue. Companies should verify training, qualification and medical requirements before assigning personnel to regulated work.

Nuclear technology import and export in Poland – What obligations apply to suppliers?

Cross-border trade in nuclear technologies, software, equipment and specialist components may be subject to strict national, EU and international controls forming part of a broader international framework for strategic trade, nuclear safeguards and non-proliferation.

For foreign businesses, this is one of the areas where nuclear projects can create the greatest transaction risk.

Companies involved in the transfer of nuclear-related goods or technology may need to address:

• nuclear-specific import or export requirements;
• dual-use goods rules;
• Polish rules concerning strategic goods;
• sanctions;
• customs requirements;
• end-user verification;
• transport documentation;
• nuclear safeguards;
• reporting obligations.

Certain imports or exports involving nuclear materials, radioactive sources, radioactive waste or spent fuel may require dedicated regulatory procedures under Polish nuclear legislation.

At the same time, goods, software or technology used in a nuclear project may also fall within the EU regime applicable to dual-use goods in Poland.

Where a product or technology is controlled, the supplier may have to obtain an appropriate authorisation before the transfer may lawfully take place.

Dual-use and strategic goods

Foreign suppliers should in particular be prepared to assess:

• whether the equipment, components, materials, software or technology are listed as controlled items;
• whether an individual, global or general authorisation may be used;
• whether catch-all controls apply;
• whether the transaction involves a controlled destination;
• whether specific transport or customs documentation is required;
• whether an end-user statement or import certificate is necessary.

Control does not necessarily apply only to physical products.

Intangible technology transfers may also fall within export-control rules.

This can include, depending on the classification:

• specialist software;
• technical drawings;
• project documentation;
• source code;
• manufacturing instructions;
• electronic technical files;
• remote access to controlled technology.

Consequently, a transfer of documentation by email, cloud platform or remote-access system may require the same level of legal analysis as a physical shipment.

End-user verification and sanctions

Foreign suppliers should also implement appropriate mechanisms for end-user verification and sanctions screening.

The analysis should not be limited to the immediate purchaser.

Depending on the transaction, companies should consider:

• the ultimate end user;
• the intended use of the technology;
• ownership and control of counterparties;
• intermediaries;
• logistics providers;
• financial institutions involved;
• countries through which the goods will transit;
• potential re-export.

This is particularly relevant in relation to restrictions concerning Russia, Belarus and other sanctioned jurisdictions or persons.

Failure to identify sanctions risks may result in:

• blocking of the transaction;
• inability to perform the contract;
• administrative or criminal exposure;
• termination of commercial cooperation;
• reputational damage.

Documentation and reporting

Companies engaged in certain cross-border transactions involving nuclear equipment or materials may also be subject to reporting requirements towards the PAA.

Depending on the applicable regime, businesses may need to maintain or provide:

• technical specifications;
• transport documentation;
• import certificates;
• end-user statements;
• copies of licences or authorisations;
• information concerning the actual import or export;
• information allowing authorities to verify the location and use of controlled equipment.

A supplier should also be prepared for the possibility that national or international inspectors may require access to certain imported equipment, components or materials where nuclear safeguards rules apply.

Nuclear technology import/export checklist

Before transferring technology, software, equipment or documentation, verify:

• What technology, software, equipment or documentation is being transferred?
• Is it nuclear-specific, dual-use or strategically controlled?
• Who is the end user?
• What is the destination and intended use?
• Are sanctions or export restrictions relevant?
• Is an import certificate, end-user statement or permit required?
• Does the contract allocate compliance responsibility clearly?
• Are customs, tax and documentation obligations covered?

Practical takeaway: Before signing a supply contract, foreign companies should verify whether the technology, documentation or services are subject to Polish licensing, export-control, sanctions or nuclear safety requirements.

Requirements for nuclear industry suppliers in Poland

Supplying technologies, equipment or services for Poland’s first nuclear power plant requires more than compliance with ordinary commercial standards.

Participation in the project means entering a highly regulated environment in which supplier qualification, quality assurance, documentation, nuclear safety culture and regulatory auditability can be decisive for access to the supply chain.

Audits and nuclear regulatory inspections

One of the first practical steps for companies seeking to enter the nuclear supply chain is supplier qualification.

Under Polish nuclear law, the ultimate responsibility for nuclear safety rests with the investor and operator of the nuclear facility.

As a consequence, entities responsible for the project must ensure that companies participating in the supply chain have adequate:

• personnel;
• technical expertise;
• organisational resources;
• procedures;
• quality systems;
• experience and competence.

In practice, suppliers may therefore be required to undergo detailed qualification and audit processes.

Key areas include:

1. Quality standards: Companies supplying systems, structures, components or equipment may be required to demonstrate that appropriate quality assurance systems are in place. Advanced QA/QC procedures are a fundamental part of nuclear supplier qualification. Depending on the scope of the contract, requirements may concern: design control, manufacturing processes, testing, inspection, calibration, material traceability, non-conformity managemen, change control and document retention.
2. Nuclear safety culture: An integral element of nuclear quality management is nuclear safety culture. Management and personnel must demonstrate that nuclear safety has genuine priority within the organisation and that safety procedures are applied in practice rather than existing only on paper. For suppliers entering the nuclear sector for the first time, this may require changes to management, reporting and escalation processes.
3. Documentation requirements: Suppliers and subcontractors must also be prepared for extensive documentation and reporting requirements. Depending on the contract and safety classification, these may include:
   • identifying the location of supplied systems and components throughout the project lifecycle;
   • assigning components to appropriate safety classes;
   • documenting preparation, review, execution and verification of project activities;
   • retaining evidence allowing individual materials and components to be traced;
   • maintaining records capable of being reviewed by the investor, principal contractor or regulator.

Operating in the nuclear sector also requires readiness for inspections by public authorities.

The President of the PAA has extensive statutory supervisory powers. For suppliers participating in the nuclear supply chain, this can mean:

• Audits at manufacturing facilities – inspections may cover not only works at the nuclear site but also manufacturing processes at suppliers’ or contractors’ facilities;
• Contractual audit clauses – contracts may need to provide appropriate access rights enabling the investor, main contractor or competent authorities to perform audits;
• Regulatory intervention – where a system, structure or component may adversely affect nuclear safety, the regulator may have powers enabling it to prevent its use or require relevant works to be stopped.

Nuclear supplier readiness checklist

Before entering the Polish nuclear supply chain:

• Identify your role in the project.
• Check whether your goods, services or technology are nuclear-specific.
• Verify licensing and regulatory approval requirements.
• Confirm dual-use / strategic goods classification.
• Prepare technical and quality documentation.
• Review sanctions and end-user risks.
• Check public procurement or subcontracting requirements.
• Review liability, insurance and dispute clauses.
• Prepare Polish-language or certified documentation where needed.

Supplier qualification should begin before the commercial tender process. Nuclear quality systems, documentation and subcontractor arrangements may require substantial preparation.

Nuclear damage liability and contractual liability

From the perspective of legal risk, suppliers should distinguish between liability for nuclear damage and ordinary contractual liability.

The Polish nuclear liability regime is based on the principle that liability for nuclear damage is generally concentrated on the operator of the nuclear installation.

The operator is also subject to statutory requirements concerning insurance for nuclear damage. This mechanism significantly limits the direct exposure of suppliers and subcontractors to the special nuclear liability regime.

However, this does not mean that suppliers are exempt from liability for ordinary commercial failures. The statutory nuclear liability regime applies to nuclear damage.

Other risks continue to be governed by:

• the contract;
• Polish civil law;
• applicable product-liability rules;
• professional liability rules;
• other relevant legislation.

A supplier may therefore remain liable for:

• defective components;
• incorrect design;
• delays;
• failure to meet technical specifications;
• breach of quality requirements;
• inadequate documentation;
• warranty claims.

Practical takeaway: Nuclear suppliers should not assume that the operator’s statutory nuclear liability eliminates their own contractual exposure. Liability caps, indemnities, insurance, warranties and dispute clauses require separate negotiation.

Cybersecurity and critical infrastructure in the nuclear sector

Cybersecurity is another important regulatory area for the nuclear supply chain, particularly for suppliers of:

• software;
• industrial automation;
• control systems;
• ICT infrastructure;
• security systems;
• digital solutions used in the operation or protection of nuclear facilities.

Where systems form part of critical or security-sensitive infrastructure, additional technical, organisational and security requirements may apply.

Depending on the scope of the system, requirements may concern:

The Polish nuclear programme is based on multi-level supply chains in which responsibility for safety and quality extends through contractors and subcontractors.

The project’s management system must therefore address relationships with external entities and ensure that appropriate competence and resources are maintained throughout the supply chain.

For Poland’s first nuclear power plant, the investor, Polskie Elektrownie Jądrowe, together with the principal project companies Westinghouse and Bechtel, will play an important role in determining supplier qualification and cooperation standards.

IT, automation and cybersecurity suppliers should establish whether their systems will be used for ordinary business purposes, operational technology, safety functions or physical protection, as different regulatory and security requirements may apply.

Public procurement and tenders in the Polish nuclear sector

For every contractor entering the Polish nuclear market, the first question should be: what is our intended position within the project structure?

This determines both the procurement procedure and the contractual framework.

Foreign companies may participate as:

1. direct bidders;
2. members of a consortium;
3. subcontractors or suppliers to the principal contractors.

Where a contract is awarded directly by the public investor under the Polish public procurement regime, the Public Procurement Law of 11 September 2019 may apply, including the rules relevant to utilities procurement where the statutory conditions are satisfied.

Public tender or subcontracting under the EPC model?

Direct participation in a public procurement procedure involves a significantly more formalised process.

Key requirements may include:

• electronic communication throughout the procurement procedure;
• submission of offers and formal statements in the legally required electronic form;
• verification of technical and professional capability;
• verification of financial standing;
• demonstration of relevant experience;
• compliance with exclusion requirements;
• submission of evidence confirming that the contractor satisfies the conditions for participation.

In the nuclear sector, technical capability will often be assessed together with nuclear-specific requirements.

A supplier may therefore be required to demonstrate:

• appropriate personnel;
• relevant experience;
• quality management systems;
• nuclear safety procedures;
• capacity to deliver the relevant systems or services.

For many technology providers and specialised suppliers, the more realistic route to the project may, however, be to operate as a subcontractor or lower-tier supplier within the EPC supply chain.

In this model, contractors may be selected through commercial B2B procurement and supplier qualification procedures.

This can provide greater flexibility in negotiating commercial terms.

However, subcontracting does not remove nuclear regulatory requirements.

Main contractors must ensure that companies participating in their supply chains satisfy appropriate safety and quality requirements.

In practice, this may require a supplier to undergo qualification performed directly by Westinghouse, Bechtel or another principal contractor.

Qualification may include detailed verification of:

• quality systems;
• technical capabilities;
• staff competence;
• previous experience;
• supply-chain management;
• auditability;
• documentation.

Contracts may also need to contain audit clauses enabling inspection of manufacturing processes or documentation.

Practical takeaway: Companies should not treat Polish nuclear public procurement as the only route into the market. Direct bidding, consortium participation and subcontracting can each provide access to different parts of the project.

What financial and technical requirements may apply to contractors?

A contractor participating directly in a procurement procedure may be required to demonstrate adequate operational readiness.

Two principal areas are typically assessed.

1. Economic and financial standing

The contracting authority may require evidence concerning:

• annual turnover;
• financial capacity;
• creditworthiness;
• appropriate liability insurance.

For a strategic infrastructure project, the contracting authority may expect contractors to demonstrate sufficient resources to perform the agreement and cover potential claims.

2. Technical capability and professional qualifications

Technical capability may include:

• relevant previous projects;
• qualified personnel;
• specialist equipment;
• implementation capacity;
• quality management systems;
• required technical procedures.

In the nuclear sector, these requirements may be supplemented by nuclear supplier qualification criteria. Foreign contractors should verify financial and technical eligibility requirements before committing substantial resources to preparing a tender.

Consortium or reliance on the resources of a third party?

Given the scale of the Polish nuclear programme, a single company may not always be capable of independently meeting all financial, technical or experience requirements.

Polish public procurement rules allow contractors to combine capabilities in several ways.

1. Consortium

Two or more contractors may submit a joint tender.

The consortium normally appoints a representative for the procurement procedure.

Depending on the tender requirements, the contracting authority may require particular key tasks to be performed directly by the consortium member whose experience or qualifications were used to satisfy the relevant requirement.

2. Reliance on third-party resources

A contractor may also rely on the technical, professional or financial resources of another entity.

Where third-party technical experience or personnel are relied upon, that entity may be required to perform the part of the contract for which those capabilities are necessary.

Reliance on financial resources may also create additional responsibility for the entity providing those resources.

Practical takeaway: A consortium or third-party resource model should be structured before the tender is submitted, including responsibility for compliance, performance, liability and nuclear quality obligations.

When can a contractor be excluded from a nuclear tender?

Public procurement procedures may include mandatory and optional exclusion grounds.

Examples relevant to major nuclear projects may include:

Where a contractor has previously been subject to circumstances that could lead to exclusion, Polish procurement law may in certain cases permit self-cleaning measures.

These may include:

• compensation for damage;
• organisational changes;
• dismissal or replacement of responsible personnel;
• implementation of new control procedures;
• cooperation with competent authorities.

Transparency of the contractor’s corporate structure may also be important, particularly in projects involving strategic infrastructure and sanctions screening.

Companies should therefore be prepared to identify their beneficial owners and demonstrate the legality and transparency of their ownership structure where required.

Tenderers must also be ready to protect their rights where a procurement decision is challenged.

Depending on the procedure, remedies may include an appeal to the National Appeals Chamber – Krajowa Izba Odwoławcza (KIO).

Strict procedural deadlines apply. Foreign contractors should prepare exclusion, beneficial-ownership and sanctions documentation in advance. Problems in these areas may prevent participation regardless of the technical quality of the offer.

How should a company prepare for a nuclear tender in Poland?

Preparation should start with a clear decision as to the company’s role in the project.

Key steps include:

• Select the participation model – direct bidder, consortium member or subcontractor;
• prepare for electronic procurement where required;
• review language requirements and determine which documents must be provided in Polish;
• prepare qualification documentation concerning technical experience and financial standing;
• collect corporate documents from relevant jurisdictions in advance;
• verify quality and nuclear supplier requirements;
• review sanctions and beneficial-ownership information;
• prepare evidence required at the later stages of the procurement procedure.

Polish procurement procedures may allow certain evidence to be submitted only after the initial tender stage, but this should not encourage contractors to delay collecting documentation.

Foreign certificates, corporate extracts or insurance documents can require additional time, translations or formalities. Procurement readiness should be completed before the bid deadline rather than during the contracting authority’s subsequent verification period.

SMR projects in Poland – Do different legal requirements apply?

Small modular reactors – SMRs – represent another potential area of development in the Polish nuclear market, particularly for industrial applications and energy-intensive businesses.

However, their smaller size does not automatically mean that a simplified legal regime applies.

Polish nuclear law does not provide a general exemption from the fundamental rules applicable to nuclear installations solely because a project uses SMR technology.

Investors and suppliers may therefore still have to address:

• nuclear licensing;
• nuclear safety;
• radiological protection;
• supplier qualification;
• quality management;
• inspections;
• documentation requirements;
• export controls;
• cybersecurity.

The detailed regulatory obligations will depend on the particular technology, facility and activities performed.

Foreign suppliers should therefore not assume that their participation in an SMR project will be regulated in the same way as an ordinary industrial energy project. An SMR supplier should perform the same initial regulatory and supplier-readiness assessment as a company entering a large-scale nuclear project.

Key legal risks for foreign nuclear suppliers and contractors in Poland

Participation in nuclear projects requires companies to navigate several overlapping regulatory regimes.

For foreign suppliers and subcontractors, the main risks include:

These risks should be assessed before submitting a binding offer. Once pricing, delivery dates and warranties have been agreed, regulatory problems become considerably more difficult and expensive to manage.

How we can support nuclear energy companies in Poland

Our team advises investors, contractors, subcontractors and technology suppliers participating in regulated infrastructure and nuclear energy projects in Poland.

We assist clients with:

• analysis of nuclear licensing and regulatory requirements;
• assessment of the Polish Atomic Law;
• nuclear technology import into Poland and export-control issues;
• classification of dual-use and strategic goods in Poland;
• sanctions compliance and end-user verification;
• preparation of compliance procedures;
• supplier and quality requirements;
• public procurement and nuclear tenders in Poland;
• consortium and subcontracting arrangements;
• commercial contracts;
• liability and insurance;
• cybersecurity regulation;
• communication with competent authorities.

If your company is considering participating in Poland’s first nuclear power plant project, supplying specialised equipment, technology or services, it is advisable to conduct a regulatory assessment before submitting an offer or signing the contract.

In the nuclear sector, early compliance analysis can protect a supplier against problems that might otherwise result in tender exclusion, blocked technology transfers, contractual delays or intervention by the nuclear regulator.

FAQ – Nuclear energy in Poland