Case ECS-09/23: Serbia / environment

summary of the case

Registered	upon complaint 22 June 2023
Status	opened under Article 91
Under Article 4(4) of Directive 2001/80/EC, large combustion plants may be exempted from compliance based on a written declaration by the operator not to operate the plant for more than 20,000 operational hours after 1 January 2018, or, in any case, later than 31 December 2023 (the so-called „opt-out” mechanism). The Ministerial Council approved the list of opted-out plants via Decision 2016/19/MC-EnC. The subject matter of this case is the non-compliance with these rules in the case of TPP Morava, one out of the four opted-out plants in Serbia. The Secretariat preliminarily concluded that this plant has failed to respect the opt-out rules under Article 4(4) of Directive 2001/80/EC. Even though it has reached the 20,000 operational hours limit in 2022, it neither complied with the stricter standards of the Industrial Emissions Directive, nor ceased their operations, as required by Energy Community law. 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 sulphur dioxide, nitrogen oxides and particulate matter (dust) into the air.

Registered

upon complaint 22 June 2023

Status

opened under Article 91

Under Article 4(4) of Directive 2001/80/EC, large combustion plants may be exempted from compliance based on a written declaration by the operator not to operate the plant for more than 20,000 operational hours after 1 January 2018, or, in any case, later than 31 December 2023 (the so-called „opt-out” mechanism).

The Ministerial Council approved the list of opted-out plants via Decision 2016/19/MC-EnC. The subject matter of this case is the non-compliance with these rules in the case of TPP Morava, one out of the four opted-out plants in Serbia.

The Secretariat preliminarily concluded that this plant has failed to respect the opt-out rules under Article 4(4) of Directive 2001/80/EC. Even though it has reached the 20,000 operational hours limit in 2022, it neither complied with the stricter standards of the Industrial Emissions Directive, nor ceased their operations, as required by Energy Community law.

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 sulphur dioxide, nitrogen oxides and particulate matter (dust) into the air.

procedural history

19 June 2026: Reasoned Request
30 March 2026: Reasoned Opinion
20 October 2023: Opening Letter

Case

On 20 October 2023, the Secretariat sent an Opening Letter to Serbia to address its breach of the Large Combustion Plants Directive in the case of the thermal power plant Morava, which continues to operate despite the expiry of its limited lifetime derogation period (also known as „opt-out”). Following a written declaration not to operate a plant for more than 20,000 hours after 1 January 2018, opt-out was granted to selected installations by the Energy Community Ministerial Council. This is an implementation alternative to complying with the emission limits set by the Large Combustion Plants Directive.

Reasoning

In the Opening Letter, the Secretariat takes the view that following the expiry of the 20,000 hours, the plants concerned can only remain in operation if they meet the (stricter) standards of the Industrial Emissions Directive. This is however not the case for TPP Morava, which thus constitutes a breach of Directive 2001/80/EC.

Procedure

By sending the Opening Letter, the Secretariat initiated a preliminary procedure, the purpose of which is to give Serbia 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.

Case ECS-09/23: Serbia / environment

summary of the case

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procedural history