Source: EURLEX
Language: en
Format: md

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| European flag | Official Journal  of the European Union | EN  C series |

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|  | C/2025/1389 | 4.3.2025 |

STATE AID – MEMBER STATE

State aid SA.109707 (2024/C) (ex 2024/N) – Aid measures for the first nuclear power plant in Poland

Invitation to submit comments pursuant to Article 108(2) of the Treaty on the Functioning of the European Union

(Text with EEA relevance)

(C/2025/1389)

By means of the letter dated 18 December 2024 reproduced in the authentic language on the pages following this summary, the Commission notified Poland of its decision to initiate the procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union concerning the abovementioned aid measures.

Interested parties may submit their comments within one month of the date of publication of this summary and the following letter, to:

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| European Commission, |
| Directorate-General Competition |
| State Aid Greffe |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| [Stateaidgreffe@ec.europa.eu](mailto:Stateaidgreffe@ec.europa.eu) |

These comments will be communicated to Poland. Confidential treatment of the identity of the interested party submitting the comments and/or of parts of the comments submitted may be requested in writing, stating the reasons for the request.

Poland, through its Treasury and a dedicated body, plans to support the first nuclear power plant (NPP) in Poland based on a dedicated legal act and tailor-made amendment to an existing act, which will enable Poland to grant several aid measures. Namely, this concerns:

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| 1. | An equity injection of around EUR 14 billion; |

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| 2. | 100% State guarantees (at zero fee) for the debt financing of around EUR 33 billion; |

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| 3. | A two-way contract for difference (CfD) with a proposed duration of 60 years and including an ex post settlement mechanism as well as coverage of foreign exchange rate risk. |

The beneficiary will be PEJ, a fully State-owned undertaking that will implement the project and own the NPP. Further, PEJ or a subsidiary of it will act as operator of the NPP and will be responsible of the sale of the electricity.

The Commission has concluded in the opening decision on the existence of aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union (TFEU). Regarding the compatibility of the measure with the Article 107(3)(c) of the TFEU, the Commission also concludes on the existence of a market failure and on the necessity of aid for the development of an economic activity.

Nevertheless, the Commission has doubts on the following elements of the compatibility assessment:

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| — | the appropriateness and proportionality of the three measures (equity, State guarantees and the two-way CfD); |

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| — | the limitations of the distortion of competition on the market (balancing test) and whether the negative market effects will be kept to the minimum. |

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