| status: | closed by Ministerial Council Decision / complied after Art.91 MC Decision |
|---|---|
| registered: | ex officio 2018 |
Directive 2001/80/EC entered into force in the Energy Community on 31 December 2017 with regard to existing plants. Furthermore, Decision 2013/06/MC-EnC incorporated Chapter III and Annex V of Directive 2010/75/EU with regard to new plants as of 1 January 2018. Both directives require the limitation of emissions of certain pollutants (sulphur dioxide, nitrogen oxides and particulate matter) into the air from large combustion plants which are key to limit air pollution. It is expected that the implementation of these directives would result in major health and environmental benefits in the Contracting Parties. Contracting Parties were to align their national legislation with the provisions of these Directive by the above deadlines.
On 17 November 2014, the Secretariat published Policy Guidelines on the definition of “new” and “existing” plant in the context of Decision 2013/06/MC-EnC of the Ministerial Council. Thereby, the Secretariat specified that combustion plants that have been granted a permit before 1 January 2018, or the operators of which have submitted a complete application for a permit before that date (provided that such plants are put into operation no later than 1 January 2019), should be considered as existing plants under Article 1(2) of Decision 2013/06/MC-EnC. All other plants shall be considered as new plants under Article 1(2) of Decision 2013/06/MC-EnC.
Articles 4(1) and 4(3) as well as Parts A of Annexes III, IV, V, VI and VII of Directive 2001/80/EC require setting emission limit values for the pollutants covered by the directive for existing plants, while Article 30(3) as well as Part 2 of Annex V of Directive 2010/75/EU requires setting emission limit values for the same pollutants for new plants.
The Secretariat preliminarily found that by failing to adopt the laws, regulations and administrative provisions necessary to comply with Articles 4(1) and 4(3) as well as Parts A of Annexes III, IV, V, VI and VII of Directive 2001/80/EC and Article 30(3) as well as Part 2 of Annex V of Directive 2010/75/EU by not transposing the latter provisions into national law and by not implementing those provisions, Kosovo* fails to comply with Articles 12 and 16 of the Energy Community Treaty read in conjunction with Article 1(2) of Decision 2013/06/MC-EnC as well as with the above provisions of the directives.
On 14 February 2020, the Advisory Committee provided its Opinion on the case. Consequently, the case was referred to the attention of the Ministerial Council via the Presidency and the Vice-Presidencies.
procedural history
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2 July 2018: Opening Letter
Case
On 2 July 2018, the Energy Community Secretariat sent an Opening Letter to Kosovo* in accordance with Article 12 of the Rules of Procedure for Dispute Settlement. The Secretariat, acting under Article 90 of the Treaty, notes that Kosovo* has not yet transposed, nor implemented certain provisions of Directives 2001/80/EC and 2010/75/EU.
Procedure
With the present Opening Letter, the Secretariat initiated preliminary procedures, the purpose of which is giving the aforementioned Contracting Party the possibility to react to the allegation of non-compliance with Energy Community law, and enabling the Secretariat to establish the full factual and legal background of the case. Kosovo* has been given the possibility until 21 September 2018 to comply of their own accord with the requirements of the Treaty, or to justify their position.
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9 February 2019: Reasoned Opinion
Case
On 19 February 2019, the Energy Community Secretariat sent a Reasoned Opinion to Kosovo* in accordance with Article 14 of the Rules of Procedure for Dispute Settlement, in the absence of a reply from the Kosovo* authorities to the Opening Letter. The Secretariat, acting under Article 90 of the Treaty, notes that Kosovo* has not yet transposed, nor implemented certain provisions of Directives 2001/80/EC and 2010/75/EU.
Procedure
With the present Reasoned Opinion, the Secretariat concludes that Kosovo* has failed to transpose and implement certain provisions of Directives 2001/80/EC and 2010/75/EU. Kosovo* has been given the possibility until 19 April 2019 to comply of their own accord with the requirements of the Treaty, or to justify their position.
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12 July 2019: Reasoned Request
On 12 July 2019, the Secretariat submitted a Reasoned Request to the Ministerial Council in Case ECS-6/18, following the failure of Kosovo* to rectify the breaches identified by the Secretariat.
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16 March 2020: Ministerial Council Decision on failure
Steps taken
On 16 March 2020, the Ministerial Council took decision via written procedure on the failure by Kosovo* to comply with certain obligations under the Treaty. Articles 4(1) and
4(3) as well as Parts A of Annexes III, IV, V, VI and VII of Directive 2001/80/EC (the Large Combustion Plants Directive) establish emission limit values for existing plants, while Article 30(3) and Part 2 of Annex V of Directive 2010/75/EU for new plants. In its decision, the Ministerial Council confirmed that Kosovo* failed to comply with Article 16 of the Energy Community Treaty as well as the referred articles of the Large Combustion Plants and Industrial Emissions Directives.
Procedure
In Article 2 of the Decisions, the ministers urge Kosovo* to rectify the identified breaches and ensure compliance with Energy Community law immediately and invite the Secretariat to initiate a procedure under Article 92 of the Treaty if this does not happen by 1 July 2020.
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14 July 2021: closure of the case
On 14 July 2021, the Ministry of Environment, Spatial Planning and Infrastructure informed the Secretariat about the adoption of the Administrative Instruction and on 5 August 2021 shared the published version. This legislation ensures compliance with the provisions of Directives 2001/80/EC and 2010/75/EU and consequently addresses the breach identified by Ministerial Council Decision 2020/01/MC-EnC.