NNDKP Environment Flash No.5/2024
1. EU DEVELOPMENTS SELECTION [1]
1.1. The new Regulation on shipments of waste entered into force
On 20 May 2024, Regulation (EU) 2024/1157 of 11 April 2024 on shipments of waste entered into force.
The new Regulation, which replaces Regulation No. 1013/2006 on shipments of waste, introduces several new requirements, including for the export of EU waste to non-OECD countries, such as the following:
- from 21 May 2027, EU waste exports to non-OECD countries will only be allowed with prior notification by these countries to the European Commission, provided that these countries can prove sustainable waste management;
- from 21 November 2026, the export of plastic waste to non-OECD countries will be prohibited for a period of 2.5 years, after which strict requirements will apply to such exports;
- from 21 May 2026, the waste shipment procedures within the EU will go digital (for example, by facilitating the exchange of information and documents by post, fax, but also email with digital signature, email without digital signature followed by post or, where agreed between the actors concerned, by email without digital signature).
The new Regulation also strengthens enforcement and cooperation to combat waste trafficking, complementing the Directive on the protection of the environment through criminal law presented below.
1.2. The Directive on the protection of the environment through criminal law enters into force
On 20 May 2024, the Directive (EU) 2024/1203 of 11 April 2024 on the protection of the environment through criminal law entered into force.
The new Directive, which replaces the Environmental Crime Directive 2008/99/EC of 17 November 2008, introduces, among others, several new offences, a progressive system of penalties for natural persons and two alternative methods of fining legal persons.
Under the new Directive, Member States may adopt stricter rules, including rules on the criminal liability of public bodies, given that those laid down in the Directive are minimal.
Member States must ensure transposition of the Directive by 21 May 2026.
1.3. The Council adopted the Ecodesign Regulation
On 27 May 2024, the Council adopted the Ecodesign Regulation, which replaces the Directive 2009/125 establishing a framework for the setting of ecodesign requirements for energy-related products.
Unlike Directive 2009/125 which only covered energy-related products, the Regulation will apply to all products placed on the EU market, except for cars or defense and security products.
More details on the Regulation can be found in NNDKP`s Environment Flash No. 1/2024, available here.
Following signing by the President of the European Parliament and the President of the Council, the Regulation will be published in the Official Journal of the EU and will enter into force on the twentieth day after publication, becoming applicable after 24 months.
1.4. The Council adopted the Net-zero Industry Act
On 27 May 2024, the Council adopted the 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 Regulation proposal can be found in NNDKP`s Environment Flash No. 4/2024, available here.
The Regulation will enter into force on the day of its publication in the Official Journal, after being signed by the President of the European Parliament and the President of the Council.
2. NATIONAL DEVELOPMENTS SELECTION [1]
2.1. Proposed changes to the declarations for certain single-use plastic products
On 8 May 2024, the draft order amending and supplementing the Order No. 185/2023 approving the model and content of the form “Declaration on certain single-use plastic products” and the instructions for its completion and submission was published on the website of the Ministry of the Environment, Water and Forests for public consultation.
The draft order introduces, new provisions regarding the determination of the weight of waste generated from single-use bottles and other changes to the instructions for completing and submitting the Declaration on certain single-use plastic products.
The amendments were determined by the publication in the Official Journal of the EU of the Implementing Decisions laying down detailed rules for the implementation of the SUP Directive (EU) No. 904/2019 as regards the calculation, verification and reporting of data on the separate collection of waste generated by single-use plastic drinks bottles and data on the recycled plastic content thereof.
2.2. Law No. 121/2024 on offshore wind energy was published in the Official Gazette
On 8 May 2024, Law No. 121/2024 on offshore wind energy was published in the Official Gazette, which regulates the general framework necessary for the implementation in Romania of offshore wind energy projects.
The new law aims to implement offshore wind energy projects in compliance, inter alia, with the principle of integrated pollution prevention and control using the best available techniques for activities with significant environmental impact.
The law will enter into force 30 days after its publication in the Official Gazette of Romania.
2.3. Draft law amending and supplementing Government Ordinance No. 2/2021 on waste disposal
On 27 May 2024, the draft law for amending and supplementing Government Ordinance no.2/2021 on waste disposal was registered at the Chamber of Deputies.
Among other things, the draft law adds to the conditions for obtaining the environmental approval and lays down new obligations for the operators of landfill sites.
Thus, to obtain the environmental approval, the new provisions establish the additional condition that the technical project must provide for areas where measurement points for pollutants in the ambient air can be located within the perimeter of the landfill.
Also, according to the new proposed provisions, landfill operators will be obliged to ensure continuous measurement of pollutants in ambient air and to transmit and report, in real time, by electronic means, accessible to the general public, the recorded results.
The draft law will be debated and sent to parliamentary committees for consideration.
2.4. Amendment and completion of Government Decision No. 1074/2021 on the establishment of the deposit return system for non-refillable primary packaging
On 31 May 2024, Government Decision No. 580/2024 amending and supplementing Government Decision 1.074/2021 establishing the deposit return system for non-refillable primary packaging (DRS) was published in the Official Gazette.
One of the main changes is the extension until 31 December 2024 of the deadline for placing on the market and selling the stocks of products packaged in non-refillable primary packaging covered by the DRS which do not have the specific DRS marking. Also, according to the new provisions, products packed in DRS packaging exported or sold in the EU will be excluded from the calculation basis of the return targets set out in Article 4 of Government Decision No 1.074/2021.
The draft Decision was put out for public consultation on 15 March 2024 with slightly different content to the adopted act (see also NNDKP’s Environmental Law Flash No. 3/2024, available here).
The Romanian version of this newsletter is available here.
[1] Both EU and national developments are listed chronologically.
