NNDKP Environment Flash No. 12/2024
1. EU DEVELOPMENTS SELECTION [1]
1.1. The Commission provides further clarifications on the EU taxonomy for sustainable economic activities
On 29 November 2024, the Commission has published a set of frequently asked questions (FAQs) to support stakeholders in the implementation of the EU taxonomy, a classification system for sustainable economic activities.
The document, aimed at making the taxonomy easier to understand, is part of the Commission’s simplification agenda and its effort to reduce the administrative burden on companies applying the EU sustainable finance framework.
The FAQs provide technical clarifications regarding various elements of the EU taxonomy. Among others, they cover the application of general taxonomy requirements and technical screening criteria for specific activities included in the taxonomy climate and environmental delegated acts. Moreover, the FAQs clarify the reporting obligations for activities covered by the Climate Delegated Act and the Environmental Delegated Act.
The EU Taxonomy is a cornerstone of EU’s sustainable finance framework and an important tool to ensure market transparency. It helps direct investment towards the economic activities needed for climate transition, in line with the objectives of the European Green Deal.
1.2. The EU deforestation law: the Council and the Parliament agree to postpone its entry into force
On 3 December 2024, the Council reached a provisional agreement with the European Parliament on postponing the application date of the EU Regulation on deforestation, by 12 months. Subsequently, on 18 December 2024, this change was formally confirmed by the Council, thus finalizing the procedure for adopting the amendment.
Following this one-off change, its rules will start to apply from 30 December 2025.
More information on the EU Deforestation Regulation can be found in NNDKP`s Environment Flash No. 1/2024 available here and No. 10/2024 available here.
1.3. The Revised Regulation on Classification, Labelling and Packaging of Chemicals enters into force
On 10 December 2024, the revised Regulation on Classification, Labelling and Packaging of Chemicals (“CLP Regulation”) entered into force.
More information on the revised CLP Regulation can be found in NNDKP`s Environment Flash No. 10/2024 available here.
1.4. The Council officially adopts the Regulation on Packaging and Packaging Waste
On 16 December 2024, the Council formally adopted the Regulation on Packaging and Packaging Waste (“PPWR”).
The formal adoption by the Council marks the last stage of the legislative procedure. The PPWR is to be published in the Official Journal of the EU and will enter into force. The PPWR will be applied 18 months after the date of entry into force.
More information on the PPWR can be found in NNDKP`s Environment Flash No. 3/2024 available here and No. 4/2024 available here.
1.5. The revised Urban Wastewater Treatment Directive enters into force
According to the Commission’s press release of 20 December 2024, the revised Urban Wastewater Treatment Directive entered into force on 1 January 2025.
More information on the revised Urban Wastewater Treatment Directive can be found in NNDKP`s Environment Flash No. 2/2024 available here and No. 11/2024 available here.
2. NATIONAL DEVELOPMENTS SELECTION [1]
2.1. Draft Government Decision on the establishment of the greenhouse gas emission allowance trading system
On 18 December 2024, the Ministry of Environment, Water and Forestry has submitted to public debate a new draft Government Decision on the establishment of the greenhouse gas emission allowance trading system.
This future legislation is aimed at establishing a mechanism for the implementation of the trading system (ETS) in line with the new rules of the EU acquis specific to the targeted sectors and to repeal the old greenhouse gas emission allowance trading scheme established by Government Decision No. 780/2006.
The ambitious ETS target should therefore be adjusted to be in line with the economy-wide net greenhouse gas emission reduction commitment for 2030, the objective of achieving climate neutrality by 2050 at the latest and the objective of achieving a negative emissions balance thereafter, as set out in Regulation (EU) 2021/1119 for achieving climate neutrality.
Specifically, the draft legislation sets out measures and investments to reduce, in the medium and long term, the dependence on fossil fuels by increasing the energy efficiency of buildings, decarbonizing the heating and cooling of buildings, including the integration of renewable energy and providing improved access to low and/or zero emission mobility and transport, and extending the ETS to the maritime sector.
2.2. Draft Order for the approval of the Procedure for the entry into conservation, post-use or abandonment of dams
On 23 December 2024 the Ministry of Environment, Water and Forestry has submitted to public debate the draft Order for the approval of the Procedure for the entry into conservation, post-use or abandonment of dams, NTLH-033.
The draft order includes amendments concerning the endorsement and approval of technical design documentation for the conservation, post-use or abandonment of dams and reservoirs, industrial landfills, special hydrotechnical works, in order to simplify the procedures related to these activities.
Thus, the draft is intended to replace Order No. 119/2002 for the approval of the Procedure for the conservation, post-use or abandonment of dams, and to eliminate several documents and approvals that were previously required in these procedures.
2.3. The new Forest Code has been adopted
On 17 December 2024 the new Forest Code has been adopted by the Romanian Parliament.
The new Forest Code covers the forestry regime, the governance of the forestry sector, forest law enforcement and compliance, as well as its system of sanctions. It also establishes the legal framework for a digitalized fight against illegal logging, implementing, among others, obligations for video surveillance of forest roads with technical monitoring systems to help detect theft and illegal logging.
Moreover, it sets out a new system of criminal sanctions and a regime of precautionary measures and confiscation of timber and means of transportation, as well as the suspension of access to the integrated forest information system, following the commission of acts that are classified as crimes.
Meanwhile, the new Forest Code was promulgated by the President of Romania, becoming Law No. 331/2024 and entering into force on 12 January 2025.
2.4. New amendments to the Government Emergency Ordinance No. 196/2005 on the Environmental Fund
On 30 December 2024 the Emergency Ordinance No. 154/2024 amending and supplementing Government Emergency Ordinance No. 196/2005 on the Environmental Fund was published in the Official Gazette No. 1325.
The majority of amendments concern the deposit-return system (“DRS”), including:
- exempting economic operators placing on the market products packaged in primary non-reusable packaging from the contributions related to the failure to meet the minimum annual return targets for each unit of non-reusable metal, glass and/or plastic packaging, for the implementation period between 1 January – 31 December 2024;
- the obligation of the administrator of the guarantee-return system to declare every six months, by the 25th of the month following the reporting half-year, the quantities of packaging/packaging waste recovered on behalf of the producers with which it has a contract in order to fulfill the obligations set out in the Government Decision no. 1074/2021.
2.5. Other amendments concerning the DRS
On 31 December 2024, the Government Decision No. 1709/2024 amending and supplementing the Government Decision No. 1074/2021 on the establishment of the DRS for non-reusable primary packaging was published in the Official Gazette No. 1333.
Provisions of interest include the following:
- The extension of the deadline to sell products packaged in non-reusable primary packaging found in the stocks of producers, distributors or retailers on 30 November 2023, until the date of exhaustion of the stocks held by the retailers, but no later than 30 June 2025;
- introducing new obligations for the DRS administrator related to the carry out of investments to increase the efficiency of the DRS and the sale manner of the material sent for recycling;
- introducing a case of revocation of the administrator role of the DRS in case of failure to comply with the provisions on the implementation of investments to increase the efficiency of the DRS.
2.6. Amendments concerning the permitting procedure for WEEE collective responsibility transfer organizations
On 31 December 2024, Order No. 3199/3477/2024 on the amendment of the Order No. 1. 494/846/2016 for the approval of the procedure and criteria for granting the operating license, revision, annual review and cancellation of the operating license of collective organizations and approval of the operating plan for producers that individually fulfil their obligations, licensing of authorized representatives, as well as the composition and duties of the authorization commission, for the management of waste electrical and electronic equipment (WEEE) was published in the Official Gazette No. 1327.
Amendments of interest include the following:
- the obligation for collective organizations to conduct their activities only based on the operating license obtained in accordance with the new procedure;
- the prohibition of distributing dividends or other compensatory forms from the realized profit to persons holding shares in the company or to members of the non-profit associative structure;
- the obligation to deposit a guarantee in the amount of RON 2 million upon granting the operating license;
- the obligation to hold a minimum market share of 5% for at least one category of EEE for which authorization is sought.
The new Order reflects the provisions of Law No. 127/2024 for the approval of the Government Emergency Ordinance No. 5/2015 on WEEE (“GEO 5/2015”) and has been expected since last fall.
More information on the law approving GEO 5/2015 on WEEE can be found in NNDKP`s Environment Flash No. 4/2024 available here.
The Romanian version of this newsletter is available here.
[1] Both EU and national developments are listed chronologically.
