Secretariat opens dispute settlement procedure against Kosovo* for lack of transposition of emissions control legislation

Environment
3 July 2018

On 2 July, the Energy Community Secretariat initiated an ex officio preliminary dispute settlement procedure against Kosovo* for the lack of transposition and implementation of legislation related to the emissions of large combustion plants.  In its Opening Letter, the Secretariat takes the view that the national environmental legislation of Kosovo* aiming to curb emissions into the air fails to comply with the obligations under the Energy Community Treaty by not fully transposing the limit values of sulphur dioxide, nitrogen oxides and dust for existing plants, as stipulated in the Large Combustion Plants Directive. Furthermore, the Secretariat also considers that the rules for new plants have not been brought in line with the requirements of the Industrial Emissions Directive.

The obligations under the Large Combustion Plants and Industrial Emissions Directives have entered into force on 1 January 2018 with regard to existing and new plants, respectively. Contracting Parties were to align their national legislation with the provisions of these Directives by that deadline. Rules on the limitation of emissions into the air from large combustion plants are key to limit air pollution and it is expected that their implementation would result in major health and environmental benefits in the Contracting Parties.

Interested parties may be granted access to the case file and may submit written observations on the present case. All requests for information should be addressed to the Deputy Director and Legal Counsel at dirk.buschle@energy-community.org or +43 1 535 2222 24 and should make reference to the relevant case number (ECS 06/18).

In Scope:

  • Kosovo Kosovo