NNDKP Environment Flash No. 6/2024
1. EU DEVELOPMENTS SELECTION [1]
1.1. The Council adopted its general approach on the Green Claims Directive proposal
On 17 June 2024, the Council adopted its general approach on the proposal for a Directive on substantiation and communication of explicit environmental claims (Green Claims Directive).
More details on the Green Claims Directive proposal can be found in NNDKP`s Environment Flash No. 1/2024, available here.
The Council’s general approach will form the basis for negotiations with the European Parliament on the final shape of the proposal, which are expected to begin in the new legislative cycle.
Note: In general, the Council’s general approach to a legislative proposal may help to speed up the legislative process and facilitate agreement with the European Parliament, as the latter is provided with an indication of the Council’s position before its first reading opinion. In any case, the Council’s final position cannot be adopted until the European Parliament has delivered its own first-reading opinion.
1.2. The Council adopted its general approach on the proposal for amending Directive 2008/98/EC on waste
On 17 June 2024, the Council adopted its general approach on the proposal for a Directive amending Directive 2008/98/EC on waste.
More details on the proposal can be found in NNDKP`s Environment Flash No. 1/2024, available here.
The Council’s general approach will form the basis for negotiations with the European Parliament on the final shape of the amending directive, which are expected to begin in the new legislative cycle.
1.3. The Council adopted the Regulation on nature restoration
On 17 June 2024, the Council adopted the proposal for a Regulation on nature restoration, the first legislative act of this kind and a key element of the EU Biodiversity Strategy.
With the aim of mitigating climate change and its natural disasters effects, the Regulation requires Member States to take several measures, including:
- establishing and implementing measures that will lead to restoring at least 20% of the EU’s land and sea areas by 2030, prioritizing Natura 2000 sites;
- preventing significant deterioration of areas listed in the Regulation or that reached a good condition after restoration;
- implementing measures to increase the population of grassland butterflies or forest birds;
- planting at least three billion additional trees by 2030 at the EU level;
- submitting national restoration plans to the Commission;
- monitorization and reporting obligations.
The Regulation will now be published in the Official Journal of the EU and enter into force, becoming directly applicable in all Member States.
1.4. The Council established a negotiation mandate for a proposal aiming to amend several water-related directives
On 19 June 2024, the Council agreed its negotiating mandate on the proposal for a Directive amending the Directive 2000/60/EC establishing a framework for Community action in the field of water policy, Directive 2006/118/EC on the protection of groundwater against pollution and deterioration and Directive 2008/105/CE on environmental quality standards in the field of water policy.
Among others, the proposal updates the list of water pollutants adding new pollutants and quality standards for PFAS, pesticides, and pharmaceuticals, and introduces an EU-level monitoring and reporting mechanism to protect ecosystems and ensure good chemical status of groundwater by 2039.
The agreement on the Council’s negotiating mandate authorizes its presidency to initiate discussions with the European Parliament regarding the final text.
2. NATIONAL DEVELOPMENTS SELECTION [1]
2.1. Draft law amending and supplementing certain normative acts in the water sector
In June 2024, the draft law on the approval of Government Emergency Ordinance No. 52/2023 for the amendment and completion of some normative acts in the water sector was adopted by the Chamber of Deputies and sent for promulgation.
Among other things, the new amendments include:
- the obligation for the Government to adopt, within 270 days from the date of entry into force of the law, measures for the implementation of Regulation (EU) 2020/741 on minimum requirements for water reuse;
- for hydro-engineering works and constructions that belonged to the Romanian state and were alienated in the process of privatization, which require rehabilitation and safety works, the water management permit is issued without the owners of the constructions/works having to prove ownership of the land, with the obligation to register the related land in the name and for the Romanian State, until the moment of issuing the water management regulatory act;
- an obligation to pay a fee for the travel made for the purpose of taking samples of wastewater for the purpose of carrying out control analyses, respectively analyses for monitoring the compliance with provisions of the framework subscription for the use/exploitation of water resources;
- an exemption from the obligation to pay the fee for the use of public domain for works related to the public interest networks of transmission and distribution of electricity and natural gas, respectively, carried out by operators in the electricity and natural gas sector.
2.2. Draft Order on the approval of the Regulation on the organization and functioning of the National Forest Guard and subordinate forest guards
On 4 June 2024, the draft Order approving the regulation on the organisation and functioning of the National Forest Guard and the Forest Guards subordinate to it was published for public consultation on the website of the Ministry of the Environment, Waters and Forests.
The proposed regulations, which are the subject of the annexes to the draft Order, establish, among other things, the purpose, tasks and organizational structure of the National Forest Guard and the subordinate forest guards.
The period allowed for citizens and interested institutions to submit their opinions, proposals or suggestions is now over. The submitted opinions, proposals or suggestions, if any, will be analysed in order to finalise the content of the draft normative act.
2.3. Order 1133/2024 amending the “Declaration of Obligations to the Environmental Fund” form was published in the Official Gazette
On 5 June 2024, Order no. 1133/2024 amending Annexes no. 1 and 2 of Order no. 3173/2023 on the approval of the model and content of the “Declaration of Obligations to the Environmental Fund” form and the instructions for its completion was published in the Official Gazette.
Among other things, changes are introduced to make it possible to report the quantities (in kg) of DSR packaging placed on the national market and, separately, recycled through the DSR administrator.
This amendment was necessary given that the previous form did not allow for such reporting.
2.4. Draft law on climate change
On 26 June 2024, a draft law on climate change was registered in the Senate for debate.
Among the objectives pursued by the draft law are the achievement of greenhouse gas emission reduction targets at national, sectoral, and local level. The sectoral emission reduction targets focus on seven key areas: energy, transport, construction, industry, agriculture, waste, and land use, land-use change, and forestry (LULUCF).
To ensure national dialogue between the academic community, research institutes, the private sector, and civil society, the Scientific Advisory Council for Climate is also being established.
This legislative proposal is a step forward towards achieving the climate neutrality goals Romania has committed to as a party to the UNFCCC[2] and the Paris Agreement, as well as an EU member state.
The Romanian version of this newsletter is available here.
[1] Both EU and national developments are listed chronologically.
[2] The United Nations Framework Convention on Climate Change
