Regarding the decision of the Agency for the Prevention of Corruption (ASK) that the procedure for registering and awarding free emission credits worth millions to the Electric Power Company of Montenegro, the company "Uniprom", which at the time managed the Aluminum Plant Podgorica (KAP), and the company "Toščelik", was an illegal business that endangered the public interest, indicating the existence of corruption, and today's statement by the Office of the Deputy Prime Minister for the Political System, Judiciary and Anti-Corruption, Momo Koprivica, the company Uniprom reacted.
At the beginning of 2021, Uniprom ceded its share of the emission it received free of charge from the state to the state-owned EPCG for 17 million euros to reduce electricity costs.
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The Koprivica Cabinet announced earlier today that emission credits were designed as a mechanism for enrichment, not environmental protection.
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In today's response, Uniprom stated that the entire procedure was in accordance with the laws and bylaws of the time.
We are publishing the reaction of "Uniprom", signed by Executive Director Veselin Pejović, in its entirety:
"Recognizing the fact that the public has the right to know the truth, and guided by a series of unverified and inaccurate allegations by the Agency for the Prevention of Corruption, as well as Mr. Koprivica, all with the aim of undermining the reputation and business of the Uniprom company, we are submitting the following letter addressed to ASK, the Cabinet of the Prime Minister, Mr. Milojko Spajić, the Cabinet of the Deputy Prime Minister, Mr. Momo Koprivica, the Cabinet of the Minister of Energy and Mining, Mr. Admir Šahmanović, the Cabinet of the Minister of Ecology, Sustainable Development and the North, Mr. Damjan Ćulafić, the Special State Prosecutor's Office, Mr. Vladimir Novović. It is incredible that at every moment when Uniprom or some Montenegrin company is preparing for a major progressive step, someone from politics is found to pose obstacles.
It is worth adding that Mr. Koprivica knows very well how and in what way Uniprom operates, because many people close to him have supported their families by working honorably for decades in this company. We all know that currency never loses its value - face.
SUBJECT: Response to the opinion of the Agency for the Prevention of Corruption
Dear Mr. Drakić,
Regarding the opinion of the Agency for the Prevention of Corruption No. 04-01-87-8-2025 dated 07.10.2025, the company UNIPROM doo, for the purpose of a better understanding of the factual situation, would like to point out the following facts listed below.
The Regulation on activities or businesses emitting greenhouse gases for which a greenhouse gas emission permit is issued was published in the Official Gazette of Montenegro No. 8/20, 14. 02. 2020 (copy of the Official Gazette - Annex I), and entered into force on 21.02.2020. With the entry into force of the Regulation, i.e. on 21.02.2020, EPCG AD Nikšić, KAP in bankruptcy and Toščelik, in accordance with Annex 4 of the Regulation, acquired the right to free emission credits. In the opinion of the Agency for the Prevention of Corruption, on page 3, paragraph two, it is stated that "EPCG AD Nikšić was granted 1.020.840 emission credits on 21.02.2020. After that, on 20.03.2020. (after the establishment of EKO FUND - extract from the CRPS - ANNEX II) based on the transfer from the company UNIPROM doo Nikšić, 307.018 emission credits were recorded on the account of EPCG AD Nikšić".
Therefore, the allegations that emission credits to the company UNIPROM doo Nikšić were registered in the register of the Environmental Protection Fund on 21.02.2020 are not correct. On that day, UNIPROM doo Nikšić, together with the other two operators of the stationary plant, EPCG AD Nikšić and Toščelik, acquired the legal right to a certain number of free emission units, in accordance with Annex 4 of the above-mentioned Regulation. Namely, Article 11, paragraph 7 of the Law on Protection from the Negative Impacts of Climate Change (Official Gazette of Montenegro No. 73/2019 of 27.12.2019) indicates that the allocation of emission credits is carried out by the Government, by conducting public auctions or free allocation, in accordance with the regulation, in this case the Regulation. That they were not registered, as stated in the opinion of the Agency for the Prevention of Corruption on page 8, paragraph 1, also speaks of letter no. 021-246/22 dated 28.02.2020 as a response from the then Ministry of Sustainable Development and Tourism to the letter from EPCG AD Nikšić No. 10-00-10-315 (letter - ANNEX III) in which the Ministry informs EPCG that the establishment of the Environmental Protection Fund is expected in the first half of March 2020 and that the establishment of the Registry, in accordance with applicable legal regulations, will take place within 15 days from the date of registration of the Fund.
The fact that the loans will only be registered after the registration of the Fund is stated on page 2, as point 4 of the Agreement on the Regulation of Mutual Obligations signed between EPCG AD Nikšić and UNIPROM doo Nikšić (Agreement - ANNEX IV).
That the loans and transfer were recorded after the Fund's registration (after 03.03.2020), we enclose the Fund's letter No. 03/01-20 dated 25.03.2020 sent to UNIPROM doo, informing the company that the transfer of emission credits was made, stating the balance in the Register and the amount that needs to be paid into the Fund's bank account, for the transfer of emission credits (letter in Attachment V), and for which UNIPROM doo Nikšić made the payment on the same day ( Attachment VI).
In the opinion of the Agency, on the same page 8, paragraph two, it is stated that the allocation of emission credits by the Regulation was brought into doubt, because the operators did not have previously obtained permits and a Monitoring Plan. Namely, at the time of the entry into force of the Regulation, the by-laws regulating the permit form, as well as the content of the Gas Emissions Monitoring Plan were adopted later, on 10.02. 2021 and 09.09. 2020, respectively. Also, these regulations stipulated that they would apply from the date of Montenegro's accession to the EU. In addition, the transitional and final provisions (Article 37, paragraph one) of the Law on Protection against the Negative Impacts of Climate Change (Official Gazette of Montenegro No. 73/19) state that "The operator of the facility who, until the date of entry into force of this Law, carried out an activity, or activity that leads to the emission of greenhouse gases, is obliged to submit an application for the issuance of a permit in accordance with this Law within 18 months from the date of entry into force of this Law."
In accordance with the above, UNIPROM, based on Article 14 of the Law on Protection from the Negative Impacts of Climate Change (Official Gazette of Montenegro No. 73/19) on 22.02. 2022, as the legal operator of the facility, submitted an application to the Environmental Protection Agency of Montenegro for the issuance of a permit for the emission of greenhouse gases.
The Environmental Protection Agency, by act number 03-UPI-337/2 dated 01.03. 2022, issued a greenhouse gas emission permit, registration number 01, to the operator UNIPROM, for the operation of the entire Aluminum Log Factory facility in the DUP Industrial Zone KAP, in Podgorica (in Annex VII).
- The Environmental Protection Agency, by act number 03-UPI-292/2 dated March 15, 2022, issued a greenhouse gas emission permit, registration number 01, to the operator UNIPROM, for the operation of the Electrolysis plant and the performance of primary aluminum production activities by the electrolytic process, within the DUP Industrial Zone KAP, in Podgorica (in Annex VII).
Furthermore, UNIPROM doo Nikšić, fulfilling its obligation under Article 17 of the Law on Protection from the Negative Impacts of Climate Change (Official Gazette of Montenegro No. 73/19), submitted the following reports to the Environmental Protection Agency (and the Eco Fund) (in Annex VIII of this document):
- Report on the verification of greenhouse gas emission calculations for 2020;
- Report on the verification of greenhouse gas emission calculations for 2021;
- Report on verification of greenhouse gas emission calculations for 2022
- Report on the verification of greenhouse gas emission calculations for 2023;
- Report on verification of production activity data for 2023;
- Report on the verification of greenhouse gas emission calculations for 2024.
The report on the verification of data on production activity for 2023 clearly shows that the total production in 2023 amounted to 21.777 tons, or 17.6% compared to the 2005-2008 benchmark, which means that the production activity was higher than 10% of the average value, which means that the operator - UNIPROM doo meets the condition from Article 6, paragraph 1 of the Regulation on activities that emit greenhouse gases for which a greenhouse gas emission permit is issued (Official Gazette of Montenegro No. 8/20). We also take this opportunity to note that the same company verifies the reports of both UNIPROM doo Nikšić and EPCG AD Nikšić.
However, despite all this, we would like to emphasize that from 2023, the Ministry of Ecology, Sustainable Development and Northern Development will not allocate free emission credits to UNIPROM doo, as provided for by the Regulation, but exclusively to Elektroprivreda Crne Gore – TE Pljevlja. The last notification that UNIPROM doo received from the Ministry was a decision made on 23.07.2024, and delivered only on 25.06.2025 (Administrative complaint in Annex IX). Therefore, the company initiated proceedings before the Administrative Court of Montenegro to annul the aforementioned decision, and disputes have also been initiated for previous years.
According to legal provisions, the Environmental Protection Fund of Montenegro maintains a Registry of Emission Credits. However, we point out the lack of transparency, as only the Registry for 2023 is available on the official website of the Fund, which states that UNIPROM doo has 1.063.229,06 free emission units. The same document also shows the allocations to the state-owned company EPCG – Elektroprivreda Crne Gore (TE Pljevlja), based on the decisions of the Commission for the implementation of the 2024 auction.
Instead of legally based and transparent procedures, the Ministry has been awarding free emission credits to the state-owned company – Elektroprivreda Crne Gore – TPP Pljevlja, even though the ongoing ecological reconstruction does not ensure a reduction in CO₂ emissions. This is an interim solution that reduces emissions of other pollutants (SO₂, NOx and PM2.5), but not greenhouse gases.
We also remind you that in April 2021, the Energy Community Secretariat initiated proceedings against Montenegro for the continued operation of the Pljevlja TPP after the expiration of the 20.000 operating hours allowed under the "opt-out" mechanism.
That Montenegro has a complete ETS system with the existing legal framework is confirmed by the letter from the Energy Community from October 2021 sent to the then Minister of Ecology, the President of the Chamber of Commerce and the Head of the EU Delegation to Montenegro (in Annex X).
Although UNIPROM doo meets the legal requirements, it is denied free emission credits, while they are allocated exclusively to the state-owned company – Elektroprivreda Crne Gore (TE Pljevlja). Such a non-transparent and selective approach prevents the achievement of the basic goal of the emissions trading system – to use the available CO₂ fund in a competitive and fair manner, which would encourage the reduction of overall emissions and the modernization of production processes.
As this issue goes beyond the interest of a single economic operator and represents a challenge for Montenegro in implementing its decarbonisation obligations as a contracting party to the Energy Community, UNIPROM doo has sent a letter to the Energy Community (Letter - Annex XI), following which the Energy Community has opened a case for non-compliance with the Energy Community Treaty by Montenegro. The complaint will be considered by the Secretariat in accordance with Article 90(1) of the Treaty and UNIPROM doo is in the process of submitting additional documentation requested by the EC.
According to the opinion of the Agency for the Prevention of Corruption No. 04-01-87-8-2025 of 07.10.2025., damage was caused to the business company UNIPROM doo Nikšić, because it indicated allegations of alleged corrupt actions, while the necessary statements and appropriate documentation were not obtained from UNIPROM. Such a procedure is contrary to the principles of legality, objectivity and impartiality, because the business entity did not have the opportunity to protect its rights, nor to present evidence confirming that it acted in accordance with applicable regulations.
Namely, it clearly follows from the facts that UNIPROM doo acquired the right to free emission credits pursuant to Article 11, paragraph 7 of the Law on Protection from the Negative Impacts of Climate Change and Annex 4 of the Regulation on Activities Emitting Greenhouse Gases (“Official Gazette of Montenegro” No. 8/20). At the same time, the Agency itself ignored the fact that the establishment of the Registry of Emission Units and their recording was carried out only after the formation of the Environmental Protection Fund, on 03.03.2020., which is confirmed by the letters of the Ministry, the Fund and the Agreement concluded between UNIPROM and EPCG (attachments in the file).
Furthermore, the Agency questioned the legality of the credit allocation in its opinion, referring to the alleged instability of permits and monitoring plans in the relevant period, although the by-laws regulating the permit form and the content of the Monitoring Plan were adopted subsequently (09.09.2020 and 10.02.2021), and were intended to be applied from the date of Montenegro's accession to the EU. UNIPROM, in accordance with Article 14 of the Law, timely submitted an application for the issuance of a permit, and the Environmental Protection Agency issued the appropriate permits for the operation of the facility on 01.03.2022 and 15.03.2022, which further confirms the legality of the economic entity's actions.
In addition, UNIPROM has continuously, in accordance with Article 17 of the Law, regularly submitted all reports on the verification of greenhouse gas emissions and reports on production activities for 2020, 2021, 2022, 2023 and 2024. The verified data for 2023 clearly show that production amounted to 21.777 tons, which represents 17,6% compared to the reference period 2005–2008, thus fulfilling the condition set out in Article 6, paragraph 1 of the Regulation that production activity should not be less than 10%.
In view of the above, the Agency's opinion was reached on the basis of incomplete and misinterpreted data, thereby violating UNIPROM's right to be heard and to submit evidence, thereby causing damage to the company's legal and business reputation. This procedure indicates a serious lack of transparency and failure to comply with legally established procedures by the competent authority.
In order to continue to improve our business operations in accordance with the highest environmental protection standards, through the implementation of technologies that enable the reduction of greenhouse gas emissions at the national and international levels, we express our willingness to provide all additional information and documentation relevant to the correct and complete determination of the factual situation.
We are also available for any form of expert discussion and dialogue that can contribute to an objective review of the allegations in the opinion of the Agency for the Prevention of Corruption, with the aim of protecting the legality of the proceedings and ensuring the transparent implementation of the emissions trading system in Montenegro.
Delivered:
-The Cabinet of the Prime Minister, Mr. Milojko Spajić
- To the Office of the Deputy Prime Minister, Mr. Momo Koprivica
- To the Cabinet of the Minister of Energy and Mining, Mr. Admir Šahmanović
- To the Cabinet of the Minister of Ecology, Sustainable Development and the North, Mr. Damjan Ćulafić
"- To the Special State Prosecutor's Office, Mr. Vladimir Novović," reads the response from "Uniprom".
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