summary of the case
| status: | closed by Ministerial Council Decision / not complied after Art.91 MC Decision |
|---|---|
| registered: | ex officio |
The subject matter of this case is the non-compliance with the emission ceilings established under the National Emission Reduction Plan (NERP) in Bosnia and Herzegovina. The Secretariat preliminarily concluded that the large combustion plants operating in the Contracting Party under the NERP have failed to meet one or more of the emission ceilings established for sulphur dioxide (SO2), nitrogen oxides (NOx) and dust.
Directive 2001/80/EC took effect in the Energy Community on 1 January 2018. The directive requires operators of large combustion plants to significantly reduce the emissions of the air pollutants listed above. NERPs are an instrument to comply with the provisions of the directive.
procedural history
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16 March 2021: Opening letter
Case
On 16 March 2021, the Secretariat sent an Opening Letter to Bosnia and Herzegovina to address the non-compliance with the emission ceilings of the National Emission Reduction Plan (NERP) for the reporting years 2018 and 2019.
Reasoning
In the Opening Letter, the Secretariat takes the view that Bosnia and Herzegovina failed to comply with one or more of the ceilings (for sulphur dioxide, nitrogen oxides and dust) in the NERP. Furthermore, Bosnia and Herzegovina failed to provide emission scenarios that would ensure compliance with the provisions of the plan in the coming years.
Procedure
By sending the Opening Letter, the Secretariat initiated a preliminary procedure, the purpose of which is to give Bosnia and Herzegovina the opportunity to react to the allegation of non-compliance with Energy Community law within two months and to enable the Secretariat to establish the full background of the case.
According to Articles 7 and 17 of the Rules of Procedure for Dispute Settlement, interested parties may be granted access to the case file and may submit written observations on the present case to the Secretariat during the preliminary procedure. All requests for information on this case should be addressed to the Deputy Director and Legal Counsel at dirk.buschle@energy-community.org or +43 1 535 2222 24 and should refer to the case number ECS-09/21.
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21 February 2022: Reasoned Opinion
Steps taken
On 21 February 2022, the Energy Community Secretariat submitted a Reasoned Opinion in Case ECS-9/21 against Bosnia and Herzegovina for its failure to comply with the NERP ceilings for the reporting years 2018 and 2019. Having taken into account the reply submitted by the Ministry of Foreign Trade and Economic Relations to the Opening Letter, the Secretariat considers that the argumentation provided therein does not change the findings of the Secretariat in the Opening Letter.
Procedure
A Reasoned Opinion is the second step in a dispute settlement procedure initiated by the Secretariat under Article 90 of the Energy Community Treaty. Depending on the reply of the Contracting Party, the Secretariat may submit the case to the Ministerial Council for a decision on Bosnia and Herzegovina’s compliance with Energy Community law.
Bosnia and Herzegovina is now requested to rectify the identified issues of non-compliance within a time limit of two months.
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13 July 2023: Reasoned Request
After carrying out a preliminary procedure, on 13 July 2023, the Secretariat submitted a Reasoned Request to the Ministerial Council in Case ECS-9/21, following the failure of Bosnia and Herzegovina to rectify the breach identified by the Secretariat.
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14 December 2023: Ministerial Council Decision on failure
Steps taken
On 14 December 2023, the Ministerial Council took decisions on the failure by Bosnia and Herzegovina, Kosovo* and North Macedonia to comply with certain obligations under the Treaty. The cases reflected the non-compliance with the emission ceilings of the National Emission Reduction Plan (NERP) under the Large Combustion Plants Directive for the reporting years 2018, 2019 and beyond.
In Article 2 of the Decisions, the ministers urge Bosnia and Herzegovina, Kosovo* and North Macedonia "to rectify the breaches identified in Article 1 and ensure compliance with Energy Community law immediately".
ProcedureBosnia and Herzegovina, Kosovo* and North Macedonia are asked 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.