Case

On 16 March 2021, the Secretariat sent an Opening Letter to Kosovo* to address the non-compliance with the emission ceilings of the National Emission Reduction Plan (NERP) for the reporting years 2018 and 2019.

Reasoning

In the Opening Letter, the Secretariat takes the view that  Kosovo* failed to comply with one or more of the ceilings (for sulphur dioxide, nitrogen oxides and dust) in the NERP. Furthermore,  Kosovo* failed to provide emission scenarios that would ensure compliance with the provisions of the plan in the coming years.

Procedure

By sending the Opening Letter, the Secretariat initiated a preliminary procedure, the purpose of which is to give Kosovo*  the opportunity to react to the allegation of non-compliance with Energy Community law within two months and to enable the Secretariat to establish the full background of the case.

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-08/21.

Steps taken

On 21 February 2022, the Energy Community Secretariat submitted a Reasoned Opinion in Case ECS-8/21 against Kosovo* for its failure to comply with the NERP ceilings for the reporting years 2018 and 2019. In the absence of a reply to the Opening Letter, the Secretariat considers that the argumentation and the conclusions provided in the Opening Letter remain valid.
 

Procedure

A Reasoned Opinion is the second step in a dispute settlement procedure initiated by the Secretariat under Article 90 of the Energy Community Treaty. Depending on the reply of the Contracting Party, the Secretariat may submit the case to the Ministerial Council for a decision on Kosovo*’s compliance with Energy Community law.

Kosovo* is now requested to rectify the identified issues of non-compliance within a time limit of two months.

After carrying out a preliminary procedure, on 13 July 2023, the Secretariat submitted a Reasoned Request to the Ministerial Council in Case ECS-8/21, following the failure of Kosovo* to rectify the breach identified by the Secretariat.
 

Steps taken

On 14 December 2023, the Ministerial Council took decisions on the failure by Bosnia and Herzegovina, Kosovo* and North Macedonia to comply with certain obligations under the Treaty. The cases reflected the non-compliance with the emission ceilings of the National Emission Reduction Plan (NERP) under the Large Combustion Plants Directive for the reporting years 2018, 2019 and beyond.

In Article 2 of the Decisions, the ministers urge Bosnia and Herzegovina, Kosovo* and North Macedonia "to rectify the breaches identified in Article 1 and ensure compliance with Energy Community law immediately".
 

Procedure

Bosnia and Herzegovina, Kosovo* and North Macedonia are asked to report to the Secretariat and the Permanent High Level Group about the measures taken. The ministers invited the Secretariat to initiate procedures under Article 92 of the Treaty if the breaches are not rectified.