The expert group Frank Bold, along with Greenpeace and Friends of the Earth, has submitted a complaint to the European Commission regarding the actions of Czech authorities in setting emission limits for the Počerady coal power plant. In August 2024, a court revoked the plant's extensive emission limits derogation, and authorities were required to immediately reflect this decision in its operating permit. However, this has not yet happened. As a result, the power plant is currently violating the legal limit for mercury emissions. The complainants are calling on the Commission to investigate whether the Czech Republic’s approach to Počerady is in breach of the EU Industrial Emissions Directive (IED).
Frank Bold, together with Greenpeace and Friends of the Earth, decided to file the complaint after the Regional Authority of the Ústecký kraj repeatedly failed to respect the ruling of the Regional Court in Ústí nad Labem, which had annulled the emission limits derogation for the Počerady power plant back in August 2024. The Ministry of the Environment has also failed to ensure that the plant's operating conditions comply with the IED.
Due to the derogation, the power plant had been allowed to release up to four times the mercury limits set by the IED. The court ruled that the derogation was unlawful, as it posed a significant environmental threat and the operator had not met the legal requirements for granting such a derogation.
After the ruling, the Regional Authority of the Ústecký kraj was obligated to immediately order the plant’s operator to comply with proper emission limits but failed to do so. The authority argues that it is currently considering a new emission derogation request. “If no one intervenes, the derogation process could drag on for months, during which the operator will continue to freely emit toxic mercury illegally and without oversight. Moreover, it is highly likely that the new derogation will ultimately not be granted. We hope that the European Commission will remind officials that we live in a democratic rule of law and that we are all equal before the law. When authorities make decisions about us, ordinary people, we don’t receive any special treatment. But billionaire Pavel Tykač, who owns the Počerady power plant, is given concessions by officials despite having no legal basis for such favoritism,” said Greenpeace Czech Republic spokesperson Lukáš Hrábek.
The Ministry of the Environment has also remained inactive despite warnings from environmental organizations. The ministry, however, has a duty to intervene in such cases and instruct the regional authority to act. Alternatively, it can order the plant’s operator directly to comply with the proper emission limits.
“Emission limits were established after extensive negotiations in 2017, with coal-fired plants given four years to meet them. These are not unrealistic targets but basic and achievable standards. It is a serious violation of EU law when Czech authorities fail to take action against major polluters and enforce compliance with fundamental regulations,” said Václav Prais, an expert at Frank Bold and co-author of the complaint to the European Commission.
According to Prais, this case could set a dangerous precedent, allowing operators to exploit the Czech authorities’ approach and request derogations with the knowledge that they would not have to comply with emission limits during the review process. “This could become particularly dangerous in the coming months and years as most granted derogations are set to expire, and many operators plan to apply for extensions,” Frank Bold warns the European Commission.
Friends of the Earth see the inaction of both the regional authority and the Ministry of the Environment regarding Počerady as a sign of a systemic issue. “We are in a completely absurd situation. It took the court three years to revoke an unlawful derogation for releasing toxic mercury from the Počerady power plant, yet bureaucratic inertia is keeping the derogation alive. Meanwhile, the owner of the coal plant is lobbying politicians for subsidies, so we end up paying for it. Yet, analyses and modeling clearly show that the Počerady power plant is not necessary for electricity supply and only increases exports and environmental pollution,” emphasized Jiří Koželouh, head of the energy program at Friends of the Earth.
Based on the complaint, the European Commission may initiate discussions with Czech authorities and request explanations. If it concludes that there has been a breach of EU law, it can initiate proceedings against the Czech Republic before the EU Court of Justice. If found guilty, the country could face fines amounting to millions of CZK.
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