Secretariat launches dispute settlement procedure against Serbia for breaching the Large Combustion Plants Directive in the case of TPP Morava

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 Morova, which continues to operate despite the expiry of their 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 compliance with the emission limits set by the Large Combustion Plants Directive. 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 reached the end of the limited lifetime derogation in the 2022 reporting year.

The approaching end of the opt-out period for all plants concerned is continuously flagged by the Secretariat in its Annual Implementation Reports since the entry into force of the Large Combustion Plants Directive on 1 January 2018.

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 Legal Counsel at [email protected] and should make reference to the relevant case number ECS-9/23.