The process of introducing a car brand from outside the European Union to the Polish market—as part of the broader EU community—requires not only a well-planned business strategy but also a thorough legal analysis and the implementation of solutions compliant with both EU and national regulations.
This paper outlines the key legal aspects that should be considered when planning and executing such an undertaking.
TYPE-APPROVAL AND TECHNICAL COMPLIANCE
A fundamental requirement for placing motor vehicles on the market and putting them into use in Poland is obtaining type-approval. This may be granted under EU law (as EU type-approval) or based on UN regulations (as UN type-approval). Regardless of the legal basis, the procedure remains the same. The obligation to obtain type-approval rests with the manufacturer, although importers also bear several responsibilities in ensuring compliance.
The procedure consists of two main stages: a type-approval test conducted by an authorized technical service and the issuance of a type-approval certificate by the Director of the Transport Technical Supervision (TDT). Without this certificate, the vehicle cannot be safely placed on the market.
There are, however, exceptions. If the manufacturer already holds an EU type-approval certificate issued in another EU member state, the process does not need to be repeated in Poland.
Importers are required to place on the market only those vehicles that meet all technical and administrative requirements.
Should a vehicle be placed on the market without the appropriate type-approval, the importer is obliged—at their own expense—to withdraw the vehicle. If the vehicle has already been sold, the importer must repurchase it from the current owner.
⚠️ Vehicles withdrawn from the market cannot be reintroduced for sale.
Importantly, type-approval applies not only to vehicles but also to new equipment or parts.
WASTE DATABASE (BDO)
Car importation also entails compliance with environmental regulations, including the Waste Act. Before starting import operations in Poland, an entry in the BDO (Waste Database Register) is mandatory.
The BDO is an IT system that collects and manages waste management data. Applications for registration must be submitted online.
According to the Vehicle Recycling Act, importers are required to ensure the establishment of a collection network for end-of-life vehicles. The scale of this network depends on the number of vehicles introduced into Poland. This network must be organized through contracts with dismantling stations, and such contracts must be in writing—otherwise, they are legally void.
If an importer fails to ensure a collection network, they must independently calculate and pay a fee for the lack of such a network (the formula is set out in an appendix to the recycling act). This fee may reach up to PLN 20,000.
REGISTER OF IMPORTING ENTITIES / ENERGY REGULATORY CONCESSION
Importers planning to bring liquid fuels from abroad must determine whether a concession or registration as an importing entity is required. Typically, importers are subject to registration. The Register of Importing Entities is maintained by the President of the Energy Regulatory Office and must be completed before starting fuel import operations.
Importing fuel without proper registration can result in a fine of up to PLN 2.5 million.
BUSINESS MODEL
Before initiating import operations, it is also necessary to determine the legal form of business. An importer may operate, for example, as a commercial law company (most often a limited liability company) or as a branch of a foreign entity in Poland.
A branch, unlike a limited liability company, does not have legal personality. It acts on behalf of and for the account of its parent company, meaning that the foreign entity is fully liable. Thus, the branch is centrally controlled by the parent company, whereas a commercial company is an independent legal entity.
Besides choosing a legal form, the importer must decide on the vehicle distribution model to be applied in Poland. This may involve selective distribution or the newer agency model, in which the dealer acts as the importer’s agent. Both models have advantages—the traditional dealership model allows the importer to avoid managing retail sales and reduces operational risk, while the agency model provides full control over the sales policy. The choice depends on various business factors and importer preferences.
Vehicle distribution in the EU is regulated by the VBER/MVBER regulations and accompanying European Commission Guidelines. These documents provide detailed instructions to help assess whether dealer agreement provisions comply with EU law.
BRAND AND INTELLECTUAL PROPERTY PROTECTION
One often-overlooked aspect by clients is intellectual property protection. Before entering the Polish market, it is crucial to check the availability and register trademarks with the European Union Intellectual Property Office (EUIPO) or the Polish Patent Office. It is also necessary to ensure that the trade name or logo does not conflict with any protected trademarks in Poland or the EU.
Registering a trademark (especially a logo) provides many benefits—including exclusive rights for the owner and protection against unauthorized use. This is particularly important for building brand value and for structuring dealership agreements.
Introducing a non-EU car brand to the Polish market is a process that demands not only sound business decisions but also full compliance with complex legal regulations—from type-approval and environmental requirements, through official registers, to the choice of business model and brand protection. Failure to meet legal obligations may result in serious financial consequences and hinder business growth.
RK Legal offers comprehensive support for importers and automotive manufacturers—from legal analysis and business registration to drafting dealership agreements and securing intellectual property. If you’re planning to launch operations in the Polish or EU market, we invite you to contact us—we’ll help guide you safely and effectively through the entire process.
