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Sweden Between National Security and the Energy Transition

Published on 2026/08/21

MARITIME LEGAL UPDATE – AUGUST 2026

Sweden Between National Security and the Energy Transition – New Boundaries for Offshore Wind Development in the Baltic Sea

Law Firm Note

Marek Czernis & Co. Law Office has extensive experience advising developers, investors, shipyards, offshore contractors, port operators, financial institutions and energy companies involved in offshore wind projects across the Baltic Sea and the North Sea.

Our practice covers the negotiation and drafting of EPC contracts, offshore construction agreements, shipbuilding contracts for installation and service vessels, project finance, administrative and environmental permitting, and dispute resolution arising from offshore energy projects.

Recent developments demonstrate that governmental decisions concerning offshore wind projects are no longer driven solely by environmental and economic considerations. National security has become an equally important element of the permitting process. Against the backdrop of an increasingly unstable geopolitical environment in the Baltic Sea region, offshore energy infrastructure is now regarded as a component of critical national infrastructure and defence policy.

Introduction

For many years, the principal criteria governing the approval of offshore wind projects were: environmental impact; navigational safety; compliance with maritime spatial planning; technical feasibility; and commercial viability.

Today, an additional and increasingly decisive factor has emerged: national security.

The Swedish Government’s decisions announced in July 2026 illustrate this shift particularly clearly. While approving two offshore wind projects, the Government simultaneously rejected eleven others on the grounds that their locations could adversely affect Sweden’s defence capabilities. These decisions send a clear message to offshore developers throughout the Baltic Sea region: military and security considerations now stand alongside environmental protection and energy policy as determining factors in offshore project approval.

Background

The Swedish Government decided to: approve the Fyrskeppet Offshore and Vidar offshore wind projects; and reject eleven additional offshore wind farm applications, concluding that their proposed locations could interfere with Sweden’s defence capabilities, including military radar systems, surveillance infrastructure and operational activities of the Swedish Armed Forces.

Despite receiving governmental approval for the Vidar project, Vattenfall subsequently announced that it would not proceed with development at the present time, citing insufficient commercial viability under current market conditions. The company indicated that the project may be reconsidered in the future should market conditions and the regulatory support framework become more favourable.

These developments demonstrate that obtaining all necessary governmental approvals does not automatically guarantee project implementation. Commercial feasibility, financing conditions and long-term market stability remain equally decisive.

National Security as a New Permitting Criterion

Only a few years ago, defence considerations played a relatively limited role in offshore wind permitting.

That position has changed fundamentally.

Following Russia’s invasion of Ukraine, increased military activity in the Baltic Sea and repeated incidents affecting critical infrastructure, governments throughout Northern Europe have begun treating offshore wind infrastructure as an integral part of national security policy.

As a consequence, offshore projects are now assessed not only from an environmental perspective but also in relation to their potential impact on: military radar systems; air surveillance capabilities; electronic intelligence operations; naval manoeuvres; military training areas; protection of critical infrastructure; maritime security; and national resilience.

Developers must therefore engage with defence authorities at a much earlier stage of project planning than was previously required.

Implications for the Offshore Industry

The Swedish decisions have consequences extending well beyond Sweden itself.

They are likely to influence: project development strategies; site selection processes; financing structures; lenders’ risk assessments; insurance underwriting; EPC contracting strategies; shipbuilding orders for offshore installation vessels; supply chain planning; and long-term investment decisions.

Increasingly, offshore developers will need to conduct parallel consultations not only with environmental regulators but also with ministries of defence, military authorities and agencies responsible for protecting critical infrastructure.

Contractual Consequences

The changing regulatory landscape is also likely to affect contractual risk allocation.

Greater attention should now be given to provisions dealing with: permitting obligations; regulatory approvals; changes in law; governmental intervention; force majeure; termination rights; extensions of time; allocation of regulatory risk; and cooperation obligations between the parties.

Developers, contractors and financiers will increasingly negotiate which party should bear the consequences of delays or refusals arising from national security considerations.

Significance for Poland

The Swedish decisions are also highly relevant for offshore wind development in Poland.

The Baltic Sea constitutes a shared operational area for NATO member states, while offshore energy infrastructure is being developed simultaneously with significant investments in military capabilities and critical infrastructure protection.

It is therefore reasonable to expect that future Polish offshore projects will also be assessed in light of their potential impact on: operational capabilities of the Polish Armed Forces; radar and surveillance systems; protection of critical infrastructure; security of submarine cables and pipelines; military navigation; and broader maritime security.

Consequently, permitting procedures may increasingly require close cooperation with national defence authorities alongside the traditional environmental and maritime regulators.

Law Firm Conclusions

The Swedish Government’s recent decisions demonstrate that offshore wind development in Europe has entered a new regulatory phase.

Project success will no longer depend solely upon environmental compliance, technical feasibility and commercial viability. National security considerations have become an essential component of the investment approval process.

From the perspective of offshore developers and investors, this requires: earlier identification of regulatory and geopolitical risks; continuous dialogue with defence authorities; careful contractual allocation of national security risks; realistic scheduling of permitting procedures; and greater flexibility in project financing and implementation strategies.

For the offshore industry as a whole, Sweden’s decisions represent an important reminder that the future development of offshore wind in the Baltic Sea will increasingly depend upon balancing the objectives of the energy transition with the strategic security interests of the states bordering the region.