The adoption of the National Energy and Climate Plan (NECP) and the upcoming session of the Ministerial Council of the Energy Community on 18 December represent watershed moments for the Pljevlja Thermal Power Plant. For the first time, an official state document - the NECP - confirms what has been warned about for years: that the so-called "ecological reconstruction" will not lead to compliance with European standards required for the regular, full operation of the thermal power plant.
At the same time, the Ministerial Council of the Energy Community will, at its upcoming session (unless regional ministers again resort to procedural delay, as they did last year), adopt a decision confirming that Montenegro has violated the Treaty establishing the Energy Community and the acquis communautaire of the European Union, because the Pljevlja TPP continued to operate even though it did not comply with the transitional regimes foreseen for existing plants within the prescribed period.
The Ministerial Council took this position back in December 2023. Its legal basis has since been confirmed by the Energy Community Advisory Committee, so this conclusion will now have the status of a legally binding decision and represent the starting point for all future regulatory decisions regarding the operation of the thermal power plant. According to this decision, the Pljevlja TPP can only be granted an operating permit if it is fully modernized in accordance with the significantly stricter standards applicable to new thermal power plants.
What the NECP says about reducing emissions - and why it's not enough
The NECP states that, after ecological reconstruction, emissions will be reduced as follows:
- nitrogen oxides (NOₓ): below 150 mg/Nm³,
- sulfur dioxide (SO₂): below 130 mg/Nm³.
When it comes to SO₂, the current European BAT standards for large combustion plants predict values that, depending on the type of fuel and the desulfurization technology applied, range around 130 mg/Nm³"and in some cases more is allowed, depending on the type of fuel and technology."
If the Pljevlja TPP is indeed able to reliably and continuously fit into this framework - which will only be possible to determine after the completion of the trial run - the regulator would have to take this fact into account as an element of partial compliance.
However, the key and insurmountable problem remains emissions. NOₓThe valid BAT conclusions (Best Available Techniques) for large combustion plants set a reference BAT - AEL range. 50-100 mg/Nm³ as an annual average, while the Government itself admits in the NECP that the plant will remain well above that level.
In other words, TPP Pljevlja cannot obtain a full operating permit because it must be based on overall BAT compliance, and not on the selective fulfillment of certain parameters. European environmental law does not operate on the principle of “one out of two is enough”. If NOₓ emissions remain outside the permitted range, full operation cannot be permitted, regardless of whether emissions of other pollutants are reduced.
Why exceptions cannot be applied
Elektroprivreda Crne Gore will likely try to invoke exceptions due to “special circumstances.” However:
- such exceptions are not foreseen for situations in which the plant, even after major investments, structurally unable to meet BAT standards;
- limitations resulting from the choice of technology or project chosen by the operator do not represent "objective" or "inevitable" limitations, but rather a business choice - which turned out to be wrong;
- European regulatory and case law is clear that exceptions cannot be based on limitations that the operator has created for itself.
The argument that the thermal power plant must continue to operate at full capacity due to its “importance for the electricity system” also has no legal basis. Security of electricity supply is addressed through energy policy and market mechanisms, not by tolerating greater pollution. Montenegro is well connected to the regional and European electricity markets, so consumers would not be left without electricity.
The only legally viable option - limited work if it pays off
In a situation where a facility does not meet all BAT standards for full operation, the law leaves only one realistic option: issuing a permit for limited working hours, most often up to 1.500 hours per year (which corresponds to about 62,5 days of continuous operation).
However, such a limited operating regime seriously questions the economic viability of not only the Pljevlja TPP, but also the Coal Mine. Fixed costs remain almost unchanged, production is drastically reduced, and financial pressure is inevitably transferred to the state and citizens through higher electricity prices.
Conclusion
While previously only individuals and a few NGOs warned that the ecological reconstruction of the Pljevlja TPP would not ensure compliance with European standards, this is now confirmed by international institutions and official government documents. From this moment on, we can no longer discuss what is politically desirable, but only what is legally possible.
But the legal framework is clear: Full operation of the Pljevlja Thermal Power Plant is not permitted according to European Union law and Montenegrin legislation. Limited work is possible but economically extremely questionable. Any further delay in facing this reality will only increase the price that citizens will ultimately pay.
This price is already enormous and is measured in hundreds of millions of euros, as a result of wrong and legally unfounded decisions. Decision-makers in the Government and EPCG claim that they had no choice - some that they had to launch a poorly conceived ecological reconstruction project, others that they were forced to continue it. In doing so, some actors have until recently referred to the alleged support of high-ranking representatives of the Energy Community and the European Commission, although such support has never been confirmed.
On the contrary, the European Union clearly stated in its reports for 2024 and 2025: "Environmental reconstruction will not solve the problem; Montenegro must accelerate efforts towards the permanent closure of the Pljevlja Thermal Power Plant to meet European emissions standards."
If the goal is Montenegro's entry into the EU in 2028, decision-makers will have to explain why they ignored such clear messages and why they assured the public that the project had strong European support that would ensure the long-term operation of the thermal power plant at full capacity. They will not be able to avoid political responsibility for the failure and enormous damage.
At the same time, those who initiated the ecological reconstruction project in EPCG and signed contracts for its implementation, with full awareness that the project would not meet European standards for new plants, will have to bear responsibility in accordance with the law. The Agency for the Prevention of Corruption had data indicating this outcome throughout the project, but did not take measures to protect the public interest. Since it is too late to prevent it now, the next step must come from the prosecutor's office, which should hold accountable all those who contributed to this outcome - including those who failed to react, but were obliged to do so.
The author is an economic analyst
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