Secretariat launches dispute settlement procedure against Montenegro for breaching Large Combustion Plants Directive as TPP Pljevlja exhausts ‘opt-out’

20 April 2021

Today, the Secretariat sent an Opening Letter to Montenegro to address its breach of the Large Combustion Plants Directive. In particular, the country’s sole thermal power plant, TPP Pljevlja, continues to operate despite the expiry of the limited lifetime derogation period of the plant.

Following a written declaration not to operate a plant for more than 20,000 hours after 1 January 2018, the limited lifetime derogation (also known as opt-out) was granted to selected installations by the Energy Community Ministerial Council. It is an implementation alternative to complying with the maximum emission limits set by the Large Combustion Plants Directive. Following the expiry of the 20,000 hours, the plants can only remain in operation if they meet the (stricter) standards of the Industrial Emissions Directive. This is not the case for TPP Pljevlja.

The approaching end of TPP Pljevlja’s opt-out period was continuously flagged by the Secretariat, including in its 2019 and 2020 Annual Implementation Reports. Finally, it was confirmed by the annual report under the Large Combustion Plants Directive submitted by Montenegro in March 2021.

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 Deputy Director and Legal Counsel at dirk.buschle@energy-community.org or +43 1 535 2222 24 and should make reference to the relevant case number (ECS-15/21).

In Scope:

  • Montenegro Montenegro