NNDKP Environment Flash No. 7/2024
1. EU DEVELOPMENTS SELECTION [1]
1.1. Political Guidelines for the next European Commision 2024-2029 include key actions in environment policy
On 18 July 2024, Ursula von der Leyen presented the next European Commission’s Political Guidelines for 2024-2029.
As expected, the Guidelines include key actions on environmental issues, such as:
- including the 90% greenhouse gas reduction target for 2040 within the European Climate Law;
- proposing an Industrial Decarbonization Accelerator Law to support industries and companies through the transition;
- proposing a new Circular Economy Law to support the demand for secondary materials and a single market for waste, in particular for critical raw materials;
- proposing a new legislative package for the chemicals industry, aiming to simplify the REACH Regulation and to provide clarity on “forever chemicals” or PFAS.
1.2. Revised Guidance Documents to the Directive on the geological storage of carbon dioxide
On 23 July 2024, the European Commission published revised Guidance Documents on Directive 2009/31/EC on the geological storage of carbon dioxide (CCS Directive).
The four non-binding Guidance Documents are an update of the guidance documents originally published in 2011 to support the implementation of the CCS Directive.
The updated Guidance Documents provide the Member States with guidance, among other, on specific permitting processes to establish an EU market for CO2 storage services and attract investment. They are also important for the implementation of the recent Regulation establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing ecosystem, also known as the ‘Net-Zero Industry Act’.
More details on the Net-Zero Industry Act can be found in NNDKP`s Environment Flash No. 5/2024, available here.
1.3. New infringement procedures opened against Romania
On 25 July 2024, the European Commission announced new infringement proceedings, including against Romania.
The Member States have two months to respond and address the shortcomings raised by the Commission. Failure to provide a satisfactory response may lead to a reasoned opinion issued by the Commission (for points 1.3.1 and 1.3.2) or a referral by the Commission to the Court of Justice of the European Union (for point 1.3.3.).
1.3.1. Infringement procedure for failing to transpose the revised ETS Directive
The European Commission sent a letter of formal notice to Romania and other Member States for failure to fully transpose into national law by 30 June 2024 the Directive (EU) 2023/959 amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union and Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading system (the revised ETS Directive).
1.3.2. Infringement procedure for failing to meet waste collection and recycling targets
The European Commission sent a letter of formal notice to all Member States for failure to meet the collection and recycling targets laid down under the EU waste legislation in relation to the municipal waste, packaging waste and waste electrical and electronic.
1.3.3. Infringement procedure for failure to correctly apply the Landfill Directive and the Waste Framework Directive
The European Commission sent a reasoned opinion to Romania for failing to correctly apply the Landfill Directive and the Waste Framework Directive.
The Commission concluded that three out of the five landfills regarding which the Commission sent a letter of formal notice in 2021 are still non-compliant.
Moreover, the capacity of installations for treatment of waste before landfilling in Romania is insufficient for mixed municipal waste and biowaste.
2. NATIONAL DEVELOPMENTS SELECTION [1]
2.1. Draft normative act proposing a major reorganization of the authorities in the field of environment, water and forests
On 2 July 2024, the draft Emergency Ordinance on the implementation of some provisions of Law No. 296/2023 on certain fiscal-budgetary measures to ensure the long-term financial sustainability of Romania in the field of environment, waters and forests, and for amending some normative acts, was published on the website of the Ministry of Environment, Waters and Forests, for public consultation.
The main aim of the draft Emergency Ordinance is the reorganization of authorities in the environment, water and forests field.
In brief, the proposal provides, inter alia, the following aspects of interest:
- the establishment of the National Agency for Environment and Protected Areas, which will take over the tasks of the National Agency for Protected Natural Areas, of the National Agency for Environmental Protection and of its subordinate institutions;
- among others, the National Agency for Environment and Protected Areas will lead the regulatory procedure and issue, where appropriate, regulatory acts;
- the establishment of the National Guard for Environment, Water and Forests, by reorganization of the National Guard for Environment and the National Forest Guard and by subordinating the forest guards listed in the annex to the proposal;
- the National Guard for Environment, Water and Forests will take over from the National Administration “Apele Române” the water inspection activity and the staff having water inspection tasks;
- amendments to GEO 195/2005 on environmental protection to ensure consistency.
2.2. Draft normative act in relation to the DRS (deposit-return system)
On 2 July 2024, the draft Order approving the methodology for calculating the administration and management fees for DRS packaging was published on the website of the Ministry of Environment, Waters and Forests for public consultation.
According to the draft Order, the calculation methodologies foreseen will apply from 1 January 2025.
2.3. Law No. 207/2024, approving the Government Emergency Ordinance No. 52/2023 for the amendment and completion of some normative acts in the water sector
On 5 July 2024, Law No. 207/2024, approving the Government Emergency Ordinance No. 52/2023 for the amendment and completion of some normative acts in the water sector, was published in the Official Gazette.
More details on the amendments introduced by the new law can be found in NNDKP`s Environment Flash No. 6/2024, available here.
2.4. Draft Order amending the list of applications exempted from restrictions on the use of certain hazardous substances in electrical and electronic equipment
On 18 July 2024, the draft Order on amending and supplementing Annex No. 1 to the Order No. 1.601/2013 for the approval of the list of applications that benefit from the exemption from the restriction provided for in Art. (1) of Government Decision No. 322/2013 on restrictions on the use of certain hazardous substances in electrical and electronic equipment, was published on the website of the Ministry of Environment, Water and Forests, for public consultation.
The proposed amendments establish exceptions and cut-off dates for the use of cadmium in semiconductor nanocrystals for display and lighting applications.
Thus, under the new rules, the use of cadmium selenide in quantum dots for wavelength conversion in display systems will be allowed, within certain limits, until 21 November 2025.
Also, a new exception has also been introduced under which the use of cadmium in semiconductor nanocrystals deposited directly on LED chips for display and projection will be allowed within certain limits until 31 December, 2027.
2.5. Draft Government Emergency Ordinance amending and supplementing the Government Emergency Ordinance No.196/2005 on the Environmental Fund
On 24 July 2024, the draft Emergency Ordinance amending and supplementing the Government Emergency Ordinance No. 196/2005 on the Environmental Fund, was published on the website of the Ministry of Environment, Waters and Forests, for public consultation.
Among others, the draft law introduces the following aspects of interest:
- the Environmental Fund Administration is appointed responsible for the management of projects related to landfill closure and ecologization works, which are financed from the state budget, European structural and investment funds or other external funds;
- the obligation of the commissioners of the National Environmental Guard to notify the Administration of the Environmental Fund in order to deactivate the SIATD account of the economic operator for which it is found that it no longer meets the conditions for enrollment in the application or in case the owned recovery facility can no longer serve the purpose for which it was conceived/designed/constructed.
The Romanian version of this newsletter is available here.
[1] Both EU and national developments are listed chronologically.
