The Energy Community Secretariat has moved to second step in a dispute settlement procedure against Bosnia and Herzegovina for its non-compliance with the requirements of the Environmental Impact Assessment Directive.
In its Reasoned Opinion, the Secretariat maintained the view that the environmental impact assessment procedure of the planned Ugljevik 3 thermal power plant (TPP) in the Republika Srpska was not carried out in compliance with the Energy Community’s environmental acquis.
“The permitting procedure failed to fully address all direct and indirect impact of the projects as well is its potential transboundary impacts, as required by the Environmental Impact Assessment Directive. The explanations provided by the two replies of the authorities of Bosnia and Herzegovina were not sufficient to dispel the concerns raised in the Secretariat’s Opening Letter,” the Secretariat concludes in the Reasoned Opinion.
A Reasoned Opinion is the second step in a dispute settlement procedure initiated by the Secretariat under Article 90 of the Energy Community Treaty. Bosnia and Herzegovina is now requested to rectify the identified issues of non-compliance within a time limit of two months.
Depending on the reply, the Secretariat may submit the case to the Ministerial Council for a decision on Bosnia and Herzegovina’s compliance with Energy Community law.
In the Reasoned Request, the Secretariat seeks a decision from the Ministerial Council on the Party’s failure to comply with its obligation from the Energy Community Treaty. Before taking a decision, the Advisory Committee is asked for its opinion on the Secretariat’s Reasoned Request.