summary of the case
|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.