The Secretariat has issued Reasoned Opinions against Bosnia and Herzegovina, Kosovo* and North Macedonia for failing to meet their NERP (National Emission Reduction Plan) ceilings for the reporting years 2018 and 2019 and thus not achieving significant reduction of air pollution from thermal power plants, as required under the Large Combustion Plants Directive.
NERPs are an instrument to comply with the requirements of the Large Combustion Plants Directive by providing the reduction of sulphur dioxide, nitrogen oxides and dust emissions for the group of plants covered by their scope. Implementation of this piece of the Energy Community environmental acquis is key for the progressive reduction of air pollution the energy sector, which is responsible for severe health and environmental damages in the Contracting Parties. North Macedonia faces problems with its ceilings for sulphur dioxide and dust, while Bosnia and Herzegovina and Kosovo* failed to meet the ceilings for all three pollutants.
Contracting Parties concerned have the opportunity to react within two months with the aim to dispel the concerns of the Secretariat prior to a referral to the Ministerial Council.
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 [email protected] or +43 1 535 2222 24 and should refer to the case number ECS-7/21 (North Macedonia), ECS-8/21 (Kosovo*) or ECS-9/21 (Bosnia and Herzegovina).
* This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo declaration of independence.