NNDKP Environment Flash No.2/2024
1. EU DEVELOPMENTS SELECTION [1]
1.1. CJEU ruling on the Aarhus Convention
On 11 January 2024, the Court of Justice of the European Union („CJEU”) issued a ruling interpreting provisions of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (the “Aarhus Convention”).
According to CJEU, the Aarhus Convention does not preclude national legislation which recognizes the locus standi of a legal person, other than an environmental NGO, to challenge an administrative act which is not addressed to it only where that legal person alleges infringement of a legitimate private interest or of an interest relating to a legal situation directly connected with the object of its activity.
CJEU has also held that the court called upon to decide whether a party should be ordered to pay the costs of an environmental dispute must have regard to all the circumstances of the case, including the interests of the party and the general interest in protecting the environment. This ensures that the requirement that court proceedings should not be unreasonably expensive is respected.
1.2. New minimum hygiene standards for materials and products that come into contact with drinking water
On 23 January 2024, the European Commission adopted new minimum hygiene standards for materials and products that come into contact with drinking water.
The new standards apply as of 31 December 2026 to materials and products used in new installations for the abstraction, treatment, storage, or distribution of water. They will also apply when older installations are renovated or repaired, such as supply pipes, valves, pumps, water meters or taps.
Materials and products that comply with the new standards will be issued with an EU Declaration of Conformity and will receive a specific EU marking.
The European Parliament and the Council may object within two months following publication.
1.3. Provisional agreement on the proposal to review the Urban Wastewater Treatment Directive
On 29 January 2024, a provisional agreement on a proposal to review the Urban Wastewater Treatment Directive was reached. The agreement is now subject to formal adoption by the Council and the European Parliament.
More nutrients will be removed from urban wastewater and new standards for micropollutants will be applied under the new rules.
To cover the costs of the new protection measures, the new rules provide for an Extended Producer Responsibility scheme, in line with the polluter-pays principle.
The new rules also introduce an energy neutrality target. By 2045, urban wastewater treatment plants will have to produce energy from renewable sources, based on regular energy audits, with progressive interim targets.
1.4. Recommendations for 2040 targets to reach climate neutrality by 2050
On 6 February 2024, the European Commission recommended a 90% reduction in the EU’s net greenhouse gas emissions by 2040 compared to 1990 levels.
According to the European Commission¸its recommendation is in line with the advice of the European Scientific Advisory Board on Climate Change (ESABCC) and the EU’s commitments under the Paris Agreement.
To achieve a 90% reduction in emissions by 2040, the European Commission pointed out that several conditions need to be met. To start with, the existing legislation must be fully implemented to reduce emissions by at least 55% by 2030.
1.5. Romania requested to close and rehabilitate illegal landfills
On 7 February 2024, the European Commission announced that it had sent a reasoned opinion to Romania for not fully complying with the Landfill Directive (Directive 1999/31/EC) and the Waste Framework Directive (Directive 2008/98/EC).
Romania had until 16 July 2017 to take the necessary measures to close and rehabilitate 101 illegal landfills. To date, Romania has closed and rehabilitated 92 landfills. The timeframe for the closure and rehabilitation of five of the remaining nine landfills is 2026-2028 while the timeframe for the remaining four landfills is uncertain.
1.6. Provisional agreement on a voluntary EU framework for the certification of carbon removals
On 20 February 2024, a provisional agreement was reached on a Regulation establishing the first EU framework for the certification of carbon removals.
The agreement is now subject to formal adoption by the Council and the European Parliament.
The Regulation contains an open-ended definition of carbon removals. It sets out certification rules for
- carbon farming, such as forest and soil restoration and avoidance of soil emissions, more efficient use of fertilizers.
- industrial carbon removals, such as bioenergy with carbon capture and storage or direct atmospheric carbon capture and storage.
- temporary carbon storage in long-lasting products and materials.
1.7. The Directive on empowering consumers for the green transition, adopted
On 20 February 2024, the Council has adopted the Directive on empowering consumers for the green transition through better protection against unfair practices and better information, following its adoption by the European Parliament on 17 January 2024.
The new rules ensure, among others, product labelling is clearer by banning the use of generic environmental claims such as “environmentally friendly”, “natural”, “biodegradable”, “climate-neutral” or “eco” without supporting evidence.
Member States will have 24 months from the date of publication in the Official Journal of the European Union to transpose the Directive and a further 30 months to implement it.
1.8. New rules on environmental crimes and waste shipments
On 27 February 2024, the European Parliament has approved the proposal for a Directive on the protection of the environment through criminal law, replacing Directive 2008/99/EC.
On the same day, the European Parliament has also approved the proposal for a Regulation on waste shipments.
2. NATIONAL DEVELOPMENTS SELECTION [1]
2.1. Legislative proposal on the development of SUMAL 3.0
On 29 January 2024, the Ministry of Environment, Water and Forests published for public consultation the draft Government Emergency Ordinance on the development of version 3.0 of the Integrated Information System for the Tracking of Timber Material, as well as for the amendment of some normative acts.
The legislative proposal was initiated for several reasons, including the need to adapt to new legal requirements (e.g. Regulation (EU) 2023/115) and the fact that the current development version of SUMAL has reached the technological and architectural limits for which it was designed.
2.2. Proposal of methodological rules for the video surveillance of forest roads
On 1 February 2024, the Ministry of the Environment, Water and Forests published for public consultation the draft Decision for the approval of the methodological rules on video surveillance of forest roads.
2.3. Legislative proposal to update the methodology for calculating contributions and taxes due to the Environment Fund
On 13 February 2024, the Ministry of the Environment, Water and Forests published for public consultation the draft Order amending Order No. 578/2006 approving the Methodology for the calculation of contributions and taxes due to the Environment Fund.
The proposed amendments concern both the necessary legislative harmonization related to the regulation and implementation of the Deposit Return System (as of 30 November 2023) and other issues such as the contribution to the Environmental Fund from revenues obtained from the sale of waste.
2.4. Amendments concerning the submission of declarations of obligations to the Environmental Fund by electronic means of remote transmission
On 13 February 2024, Order 209/2024 was published in the Official Gazette, Part I, No. 122, amending and supplementing Order No. 572/2019 on the submission of declarations on obligations to the Environmental Fund by electronic means of remote transmission.
2.5. Legislative proposal to amend the Procedure for issuing greenhouse gas emissions permit for the period 2021-2030
On 28 February 2024, the Ministry of the Environment, Water and Forests published for public consultation the draft Order amending Order No. 1256/2020 approving the Procedure for issuing greenhouse gas emissions permit for the period 2021-2030.
Among the proposals is a change to the deadline for operators to surrender greenhouse gas emission allowances. Instead of the current deadline of 30 April each year, a new deadline of 30 September each year is proposed.
The Romanian version of this newsletter is available here.
[1] Both EU and national developments are listed chronologically.
