The Energy Community Secretariat has opened a dispute settlement procedure against Serbia because nine large combustion plants do not comply with the European Union’s Large Combustion Plant Directive (LCPD) regarding emission limit values for SO2, NOx, and dust.

The secretariat has sent an opening letter to Serbia to address the incomplete implementation of the directive, which took effect in January 2018 in the Energy Community.

According to the press release, for existing large combustion plants, two alternative implementation avenues exist: compliance with the directive’s emission limit values for SO2, NOx and dust at the individual plant level, or implementation of a national emission reduction plan or NERP.

Out of the 16 existing large combustion plants in Serbia, nine are under the scope of the dispute settlement case

Every plant must be covered by either of the two options. Out of the sixteen existing large combustion plants in Serbia, nine are under the scope of the dispute settlement case, the statement adds.

The draft NERP of Serbia was produced in 2016 but so far it wasn’t adopted

The draft NERP of Serbia was finished in 2016 and in the past years, the secretariat repeatedly called upon the state authorities for its adoption.

In the absence of a legally binding NERP, existing large combustion plants in Serbia have to comply with the emission limit values of the directive at the individual level

The institution takes the view that in the absence of a legally binding NERP, existing large combustion plants in Serbia have to comply with the emission limit values of the directive at the individual level, but warned this is not the case for the nine plants concerned.

By sending the opening letter, the secretariat initiated a preliminary procedure. The purpose is to give Serbia the opportunity to react to the allegation of non-compliance with Energy Community law within two months and to enable the establishment of the full background of the case, according to the update.