Secretariat issues Reasoned Opinions against Kosovo* and Moldova for lack of transposition of emissions control legislation

19 February 2019

On 19 February 2019, the Energy Community Secretariat brought one step further the dispute settlement procedures against Kosovo* and Moldova for the lack of transposition and implementation of legislation related to the emissions of large combustion plants. In its Reasoned Opinions, the Secretariat concludes that the missing or incomplete national environmental legislation in both Contracting Parties is a breach of obligations under the Energy Community Treaty, namely the Large Combustion Plants and Industrial Emissions Directives.

In both its 2017 and 2018 Implementation Reports, the Secretariat had already called on the Kosovo* and Moldovan authorities to adopt the necessary domestic legal measures transposing the relevant provisions of the directives into national law without further delay. In the case of Moldova, the Secretariat also provided assistance by developing draft legislation, a project that was finalised in December 2017.

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-6/18 for Kosovo* and ECS-7/18 for Moldova).