Introduction to EJ1 project and legal frameworks for suppliers and subcontractors

Poland is about to launch one of the biggest infrastructure projects in its history. The first Polish nuclear power plant, with the power capacity of up to 3,750 MWe and costing almost PLN 200 billion, is to be erected in the Pomerania (Choczewo commune). The company Polskie Elektrownie Jądrowe sp. z o.o. – PEJ has been entrusted with its construction and management.

On 31 March 2026, PEJ filed an application with the President of the National Atomic Energy Agency (NAEA) for permit to construct the power plant. Actual construction works are planned to start in 2028. The first nuclear block is to commence operations in 2036, the second – in 2037, and the third – in 2038. This is a very ambitious schedule.

A nuclear power plant construction schedule must be strictly synchronised with a schedule of developing an accompanying infrastructure, namely roads, railroads, energy lines, and quays for reloading of heavy equipment. It is of key importance to precisely specify contractual commercial conditions, the scope and technical requirements, as well as the rights and obligations of each of project partners, and even more significantly, their scope of liability.

Who may bid for a contract?

The energy transformation means not only new powers but also new competences. Polish entrepreneurs are only just starting to acquire them. The transformation means also the responsibility for the country’s safety. The companies seeking contracts in this scope should obtain relevant certificates (ASME NQA-1 standard). A reactor is not the only component of a nuclear power plant. The components include also a conventional part, namely a steam turbine together with a generator and other auxiliary machinery. That is why it will not be required for all works to meet the NQA-1 standard.

A project of this scale inevitably engages a wide network of general contractors, subcontractors, suppliers of systems, components, and services – both domestic and foreign. Each participant of that supply chain needs to understand the legal framework of liability as a sine qua non requirement for entering the market.

Two legal pillars of the project

Liability for subcontractors and suppliers in the nuclear sector is primarily regulated by two legal acts:

1. the Nuclear Law Act dated 29 November 2000, and
2. the Act dated 29 June 2011 on Preparing and Carrying out Projects in the Scope of Nuclear Energy Objects and Accompanying Projects (hereinafter: Nuclear Special Act).

Both acts constitute a complementary, multilayer liability system that radically diverges from the models known from infrastructure projects in traditional sectors.

What does that mean in practice? An entrepreneur who has up until now operated in the construction, energy, or heavy industry sector, when entering a nuclear project enters a completely new legal territory. The regulations are strict and the regulatory supervision – unprecedented. The consequences of infringements are far more serious than those in any other sector.

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Articles that will follow will explain how the liability system works, what specific requirements are imposed on suppliers and subcontractors, what the sanctions for breaches are, and how to effectively prepare for such a project.

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This article is for information purposes only and does not constitute legal advice. Any business and legal decisions regarding participation in nuclear projects should be preceded by obtaining a specialist legal opinion that accounts for the individual situation of the entity.

Our law office is ready to provide you with legal assistance regarding participation in the nuclear power plant project in Poland, both at the stage of analysis of possibilities to enter the supply chain as well as at the stage of negotiations and drafting agreements with a general investor or further subcontractors.