| status: | closed by Ministerial Council Decision / not complied after Art.91 MC Decision |
|---|---|
| registered: | ex officio 05.09.2018 |
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 equal to or greater than a rated thermal input of 50 MW. These provisions are key to limit air pollution and 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.
In the framework of a EU4Energy project, the Secretariat also provided assistance to the Republic of Moldova in developing draft legislation in this field, a project that was finalised in December 2017. The draft legislation was however not adopted to date.
Therefore, the Secretariat preliminarily found that by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2001/80/EC and Chapter III, Annex V and Article 72(3)-(4) of Directive of Directive 2010/75/EU by not transposing the latter provisions into national law and by not implementing those provisions, the Republic of Moldova 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.
procedural history
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5 September 2018: Opening letter
Case
On 5 September 2018, the Energy Community Secretariat sent an Opening Letter to the Republic of Moldova in accordance with Article 12 of the Rules of Procedure for Dispute Settlement. The Secretariat, acting under Article 90 of the Treaty, notes that the Republic of Moldova has neither yet transposed, nor implemented the provisions of Directives 2001/80/EC and 2010/75/EU relevant in the Energy Community.
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. The Republic of Moldova has been given the possibility until 5 November 2018 to comply of their own accord with the requirements of the Treaty, or to justify their position.
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19 February 2019: Reasoned Opinion
Case
On 19 February 2019, the Energy Community Secretariat sent a Reasoned Opinion to the Republic of Moldova in accordance with Article 14 of the Rules of Procedure for Dispute Settlement, in the absence of a reply from the Moldovan authorities to the Opening Letter. The Secretariat, acting under Article 90 of the Treaty, notes that Moldova has not yet transposed, nor implemented the provisions of Directives 2001/80/EC and 2010/75/EU.
Procedure
With the present Reasoned Opinion, the Secretariat concludes that the Republic of Moldova has failed to transpose and implement Directives 2001/80/EC and 2010/75/EU. The Republic of Moldova 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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9 September 2020: Reasoned Request
Case
On 3 September 2020, the Secretariat submitted a Reasoned Request to the Ministerial Council for a decision under Article 91 of the Energy Community Treaty to address the lack of transposition of the provisions of Directive 2001/80/EC on large combustion plants and those of Chapter III and Annex V of Directive 2010/75/EU on industrial emissions by the Republic of Moldova.
Procedure
The Reasoned Request was submitted after carrying out a preliminary procedure initiated in September 2018. The Ministerial Council will take a decision on the alleged breaches of the Energy Community acquis on environment following the delivery of an opinion by the Advisory Committee.
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30 November 2021: : Ministerial Council Decision on failure
Steps taken
On 30 November 2021, the Ministerial Council took a decision on the failure by the Republic of Moldova to comply with certain obligations under the Treaty and established that by not transposing into national law the provisions of Directive 2001/80/EC and Chapter III, Annex V and Article 72(3)-(4) of Directive 2010/75/EU, the Republic of Moldova has failed to fulfil its obligations under the Energy Community Treaty and in particular Articles 12 and 16 thereof.
In Article 2 of the Decision, the ministers urge the Republic of Moldova "to rectify the breaches identified in Article 1 and ensure compliance with Energy Community law immediately".
Procedure
The Republic of Moldova is invited to report to the Secretariat and the Permanent High Level Group about the measures taken. The ministers invited the Secretariat to initiate procedures under Article 92 of the Treaty if the breaches are not rectified by 1 July 2022.