NNDKP Environment Flash No.3/2024
1. EU DEVELOPMENTS SELECTION [1]
1.1. Provisional agreement on the proposal for a Regulation on packaging and packaging waste
On 4 March 2024, the Council and the European Parliament reached a provisional political agreement on the proposal for a Regulation on packaging and packaging waste.
Among others, the new rules aim to prevent and reduce the harmful effects of packaging and packaging waste on the environment and human health.
The Regulation sets out requirements with significant practical impact for the packaging sector, covering the full life cycle of packaging, from manufacture to use and waste management.
Among other things, the Regulation requires all packaging to be recyclable, sets binding reduction and reuse targets, prohibits certain types of single-use plastic packaging, and requires take-away businesses to allow customers to bring their own containers to fill with drinks or prepared food at no extra charge.
The agreement is provisional, which means that it must be formally approved by the two institutions in order to enter into force.
1.2. Completion of the legislative process to amend Directive 2012/19/EU on waste electrical and electronic equipment (WEEE)
On 4 March 2024, the Council endorsed the provisional agreement reached on 21 November 2023 on the proposal to amend the WEEE Directive.
The amendments aim to align the WEEE Directive with the EU Court of Justice ruling of 25 January 2022 in case C-181/20 and clarify that:
- the costs of the management and disposal of waste from photovoltaic panels placed on the market after 13 August 2012 should be borne by the producer of the EEE.
- the extended producer responsibility for EEE added to the scope of the WEEE Directive in 2018 should apply to those EEE that were put on the market after that date.
In addition, Commission must assess the need for a revision of the Directive by 2026 at the latest.
The Council agreement marks the final stage of the legislative process. The amendments will enter into force 20 days after publication in the Official Journal of the EU. Member States will then have up to 18 months to transpose the amended WEE Directive into national law.
1.3. The European Parliament adopted the provisional agreement on the revision of the Industrial Emission Directive and the new Regulation on the Industrial Emissions Portal
On 12 March 2024, the European Parliament adopted the provisional agreement reached with the Council on the revision of the Industrial Emission Directive 2010/75/EU and the new Regulation on the Industrial Emissions Portal.
The main objective of the Directive’s review is to reduce harmful emissions from industrial installations and large pig and poultry farms in order to protect human health and the environment.
Among others, the new rules will set the strictest achievable emission levels and improve the transparency and public participation in relation to the licensing, operation, and control of regulated installations through the creation of the Industrial Emissions Portal.
Failure to comply can lead to fines of at least 3% of the operator’s annual EU turnover for the most serious infringements. Citizens must be given the right to claim compensation for damage to their health.
To enter into force, the new rules must be adopted by the Council. Once adopted, Member States will have 22 months to comply.
1.4. Tougher measures to reduce textile and food waste proposed by the European Parliament
On 13 March 2024, at first reading, the European Parliament adopted its position on the proposed revision of the Directive 2008/98/EC on waste, which addresses new requirements on the prevention and reduction of food and textile waste in the EU.
The European Parliament’s proposals aim to reduce food waste by a higher percentage by the end of 2030.
Thus, the European Parliament wishes to double the Commission’s proposed waste reduction percentage in the food production and processing sector and to increase by 10% the Commission’s proposed waste reduction percentage per capita in the retail, restaurant, food service and household sectors.
The European Parliament agrees with the Commission’s proposal that producers selling textiles in the EU should pay for separate collection, sorting, and recycling of textile waste, and proposes a reduction in the timeframe for Member States to set up extended producer schemes (18 months compared to 30 months proposed by the Commission).
The proposals will be sent to the Council to express its position. After examination, the Council may accept them or propose new amendments.
1.5. The legislative process on new waste shipment rules, completed
On 25 March 2024, the Council adopted a new Regulation repealing the Waste Shipment Regulation (EC) 1013/2006.
The new rules include, among others:
- a ban on all shipments of waste destined for disposal within the EU, with specific exceptions being possible.
- less stringent procedure for shipments of waste within the EU for recovery operations.
- measures to ensure that waste is only sent to destinations where it is properly treated in an environmentally sound manner.
The Regulation will now be signed by the European Parliament and the Council. It will then be published in the Official Journal of the EU and will enter into force on the twentieth day after publication.
1.6. The legislative process on new directive on the protection of the environment through criminal law, completed
On 26 March 2024, the Council adopted the new directive on the protection of the environment through criminal law.
Under the new rules, among others:
- illegal timber trade and depletion of water resources are among the list of environmental crimes.
- qualified offences could be punishable by eight years’ imprisonment, offences causing the death of a person by ten years’ imprisonment and the other offences by up to five years’ imprisonment.
- companies could be fined up to 5% of their worldwide turnover or 40 million euros.
Member States have two years from the entry into force of the Directive to adapt their national rules to it.
2. NATIONAL DEVELOPMENTS SELECTION [1]
2.1. Proposal to amend and supplement Government Decision No. 1074/2021 on the establishment of the deposit-return system for non-refillable primary packaging
On 15 March 2024, the Ministry of Environment, Water and Forests published for public consultation the draft Decision on the amendment of the Government Decision No. 1074/2021 on the establishment of the deposit-return system (DRS) for non-refillable primary packaging.
The legislative proposal aims to amend the time limit for selling the stocks of products packaged in non-refillable primary packaging covered by the SGR which do not have the specific DRS marking. Thus, the proposed new deadline is 31 December 2024, after which their placing on the national market and selling is prohibited.
The Romanian version of this newsletter is available here.
[1] Both EU and national developments are listed chronologically.
