air pollutionApplication of EU LawNERP

Energy Community initiated the procedure against Serbia for non- implementing the National Emission Reduction Plan

Republic of Serbia does not implement National Emission Reduction Plan which is why the Secretariat of the Energy Community initiated proceedings against the Republic of Serbia on January 15, 2020.

RERI earlier pointed that Serbia does not apply the regulations of the Energy Community by failing to take measures to ensure compliance of emissions from thermal power plants with international commitments.

Secretariat stated that Serbia, as well as other members of the Energy Community, was obliged to ensure the implementation of Large Combustion Plants Directive from January 1st , 2018, which has not happened.

Secretariat in its statement states that emissions from every existing large combustion plant must comply with the requirements of Large Combustion Plants Directive. That can be done either by complying with the emission limit values at individual plant level, or by implementing National Emission Reduction Plan (NERP), which covers particular combustion plants whose total emissions of pollutants shall not exceed the maximum emissions prescribed for a certain year. It is envisaged that NERP shall apply from 1 January 2018 to 31 December 2027. Serbia has not adopted NERP up to date.

Secretariat further states that in the absence of a legally binding NERP, the existing large combustion plants in Serbia have to comply with the emission limit values of the Directive at individual level, instead of cumulative as provided by NERP. NERP covers twelve combustion plants, nine of which are operated by JP EPS, while three are operated by NIS a.d. Secretariat states that nine large combustion plants in Serbia did not comply with emission limits from Directive, thus will be covered by this procedure.

RERI pointed that only EPS’s large combustion plants covered by NERP emitted 336.373 tons of sulphur dioxide into the air in 2018 which is six times more than allowed.

Due to the exceeding of emissions, in November 2019, RERI filed a request for extraordinary inspection surveillance of each plant owned by JP EPS, which is covered by NERP. RERI requested that inspection determine whether the obligations from Law on Ratification of Energy Community Treaty are being implemented and whether the NERP applies in Serbia. However, inspection within the Ministry of the Environmental Protection has determined that there are no conditions for initiation of extraordinary inspection surveillance, as well as that there is no penalty in the event that the operator fails to comply with the provisions from national plan.

Full announcement of the Secretariat of Energy Community available here.

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