NNDKP Environment Flash No.4/2024
1. EU DEVELOPMENTS SELECTION [1]
1.1. The European Court of Human Rights (the “Court”) has issued landmark rulings in three cases related to climate change
On 9 April 2024, the Court issued rulings in three cases concerning alleged violations of the European Convention on Human Rights (the “Convention”) by the respondent states due to their perceived inaction on climate change. These cases mark the Court’s first substantial examination of the relationship between the rights under the Convention and climate change.
1.1.1. Case of Verein KlimaSeniorinnen Schweiz and Others v Switzerland
The case concerned an action brought against Switzerland by a Swiss NGO on behalf of elderly women in Switzerland and four Swiss citizens. The applicants alleged several omissions by the Swiss authorities in the fight against climate change. They invoked Articles 2, 6, 8 and 13 of the Convention.
The Court held, inter alia, that Article 8 of the Convention (Right to respect for private and family life) includes a right to effective protection by the public authorities against the serious adverse effects of climate change on life, health, well-being, and quality of life.
In essence, the Court found that Switzerland had violated Article 8 of the Convention by failing to act in a timely and adequate manner in the design, development, and implementation of the relevant legislative and administrative framework to mitigate the effects of climate change, thereby failing to fulfil its positive obligations under the Convention.
1.1.2. Case of Carême v France
The case concerned a complaint brought against France by a former resident and mayor of the commune of Grande-Synthe, alleging a violation of the applicant’s right to life and right to respect for private and family life by France’s failure to take sufficient measures to prevent climate change. The applicant relied on Articles 2 and 8 of the Convention.
The Court unanimously declared the application inadmissible. Since the applicant had no significant links with Grande-Synthe and was not currently resident in France, the Court held that he could not claim victim status under Article 34 of the Convention, notwithstanding his claimed status as a citizen or former resident of Grande-Synthe.
1.1.3. Case of Duarte Agostinho and Others v Portugal and 32 Others
The case concerned an action brought by six Portuguese nationals against Portugal and 32 other States for violations of Articles 2, 3, 8 and 14 of the Convention.
The applicants complained of the serious effects of climate change, alleging that the respondent states had collectively contributed to global warming, resulting in heatwaves and forest fires that affected their lives, well-being, mental health, and the amenities of their home.
The Court unanimously dismissed the action as inadmissible, holding that the applicants had not exhausted all domestic remedies as regards Portugal, and that there were no grounds for extending extraterritorial jurisdiction as regards the other states.
1.2. The European Parliament adopted the provisional agreement on the Carbon Removal Certification Framework
On 10 April 2024, the European Parliament adopted the provisional agreement reached with the Council in February 2024 on a Regulation establishing the first EU framework for the certification of carbon removals.
More details on the legislative proposal can be found in NNDKP`s Environment Flash No. 2/2024, available here.
Before being published in the EU’s Official Journal and entering into force 20 days later, the regulation proposal must now be adopted by the Council.
1.3. Completion of the legislative process on the revision of the Industrial Emission Directive and the new Regulation on the Industrial Emissions Portal
On 12 April 2024, the Council adopted the provisional agreement reached with the European Parliament on the revision of the Industrial Emission Directive 2010/75/EU and the new Regulation on the Industrial Emissions Portal, therefore finalizing the legislative process.
More details on the legislative proposal can be found in NNDKP`s Environment Flash No. 3/2024, available here.
The proposal directive will now be signed and published in the Official Journal of the EU and will enter into force 20 days after its publication. Member States will then have 22 months to transpose the new provisions into national legislation.
After being signed and published in the Official Journal of the EU, the regulation proposal will become binding and directly applicable in all Member States from 2028.
1.4. The European Parliament approved the Corporate Sustainability Due Diligence Directive
On 24 April 2024, the European Parliament approved the Corporate Sustainability Due Diligence Directive, following approval by the Council in March 2024.
Starting 2027, the new rules will gradually apply to EU and non-EU companies and parent companies with more than 1,000 employees and a global turnover of more than €450 million, including franchises meeting certain financial criteria. They will be required to, among others, integrate due diligence into their policies and to adopt a transition plan to align with the Paris Agreement’s objectives.
In the event of non-compliance, companies can be fined up to 5% of their global net turnover and required to compensate victims in full for the damage caused by the breach of their due diligence obligations.
The proposal now awaits formal approval by the Council, signature, and publication in the Official Journal of the EU. It will then enter into force 20 days later. Member States have two years to transpose the new rules into national legislation.
1.5. The European Parliament adopted the proposal for a Regulation on packaging and packaging waste
On 24 April 2024, the European Parliament adopted the proposal for a Regulation on packaging and packaging waste, following the provisional agreement reached with the Council on 4 March 2024.
More details on the regulation proposal can be found in NNDKP`s Environment Flash No. 3/2024, available here.
The next step is the formal approval of the proposal by the Council.
1.6. The European Parliament adopted the Net-Zero Industry Act proposal
On 25 April 2024, the European Parliament adopted the Net-Zero Industry Act proposal. This proposal aims to align the EU’s internal market with industrial decarbonization imperatives, supporting the production of key technologies to meet Europe’s climate and energy goals.
Among other key requirements, the proposal simplifies permitting procedures and sets maximum timeframes for the authorization of projects. It also provides for the creation of “Net-Zero Acceleration Valleys” with the objectives to have clusters of net-zero industrial activity and further streamline administrative procedures, without prejudice to the compliance of individual projects with existing EU environmental legislation.
The next step is the formal approval of the proposal by the Council.
2. NATIONAL DEVELOPMENTS SELECTION [1]
2.1. Amendments to the Government Decision No. 878/2005 on public access to environmental information
On 8 April 2024, the Government Decision No. 304/2024 amending and supplementing the Government Decision No. 878/2005 on public access to environmental information was published in the Official Gazette.
Under the amended legislation, when an authority refuses to provide environmental information, in addition to the reasons for the refusal and information on the review procedure, the authority will also have to provide an explanation of how the public interest in providing the information has been considered.
The amended legislation also provides that, when dealing with requests for environmental information, authorities are to apply the so-called Public Authorities Guide for Public Access to Environmental Information, which is to be approved by order of the Ministry of Environment, Water and Forests.
2.2. The draft law approving the Government Emergency Ordinance No. 5/2015 on Waste Electrical and Electronic Equipment has been submitted for promulgation
On 24 April 2024, the draft law for the approval of the Government Emergency Ordinance no. 5/2015 on waste electrical and electronic equipment was sent for promulgation to the President of Romania.
The draft law, adopted by the Chamber of Deputies on 16 April 2024 brings several important amendments to the provisions of GEO No. 5/2015.
Among the new provisions is the obligation for producers to achieve in stages a minimum collection rate for each category of EEE placed on the market of at least:
- 15% from 2025
- 20% from 2026
- 30% from 2027
- 40% from 2028
- 50% from 2029
New requirements are also being regulated both for the authorization of collective organisations implementing extended producer responsibility obligations for EEE and for organisations already authorized.
The law should be promulgated no later than 20 days after receipt for promulgation. Before promulgation, the President may ask Parliament once to review the law.
The Romanian version of this newsletter is available here.
[1] Both EU and national developments are listed chronologically.
