NNDKP Environment Flash No. 8/2024
1. EU DEVELOPMENTS SELECTION [1]
1.1. Regulation (EU) 2024/1787 on the reduction of methane emissions in the energy sector and amending Regulation (EU) 2019/942 entered into force
On 4 August 2024, the Regulation (EU) No. 2024/1787 on the reduction of methane emissions in the energy sector and amending Regulation (EU) 2019/942 entered into force.
The new Regulation aims, among others, to lay down rules for the accurate measurement, quantification, monitoring, reporting and verification of methane emissions in the Union’s energy sector, their reduction and elimination, as well as rules on instruments to ensure transparency of methane emissions.
The scope of the Regulation covers the following:
- exploration and exploitation of oil and gas and the gathering and processing of fossil gases;
- inactive wells, temporarily closed wells and permanently closed and abandoned wells;
- natural gas transmission and distribution, excluding metering systems at final consumption points and the parts of service lines between the distribution network and the metering system located on the property of final customers, as well as underground storage and operations in LNG facilities; and
- active underground coal mines and surface coal mines, closed underground coal mines and abandoned underground coal mines.
After monitoring and reviewing the application of the Regulation, the Commission will report to the European Parliament and the Council by 1 January 2028 and every five years thereafter.
1.2. Directive 2024/1785 amending Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control) and Directive 1999/31/EC on the landfill of waste entered into force
On 4 August 2024, the Directive 2024/1785 amending Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control) and Directive 1999/31/EC on the landfill of waste entered into force.
The amendments introduced by this Directive aim to strengthen existing regulations and improve their enforcement to better protect the environment and human health.
Among others, the amendments include:
- more stringent environmental quality standards;
- the introduction of an additional case for reconsideration and updating of authorization conditions in relation to waste storage facilities;
- tightening requirements for monitoring and reporting of emissions;
- reducing barriers to access to justice;
- tightening sanctions for infringements of national provisions adopted under the Directive.
The Directive contains a number of transitional provisions and requires Member States to ensure its transposition by July 1, 2026.
1.3. Regulation on nature restoration entered into force
On 18 August 2024, the Regulation (EU) 2024/1991 of the European Parliament and of the Council of 24 June 2024 on nature restoration and amending Regulation (EU) 2022/869 entered into force, becoming directly applicable in all Member States.
Further details on the new Regulation can be found in NNDKP`s Environment Flash No. 6/2024, available here.
2. NATIONAL DEVELOPMENTS SELECTION [1]
2.1. Order No. 1608/2024 of the Minister of Environment, Water and Forestry on the approval of public authorities` Guide for public access to environmental information
On 5 August 2024, the Order No. 1608/2024 of the Minister of Environment, Water and Forestry on the approval of public authorities` Guide for public access to environmental information was published in the Official Gazette No. 765.
In brief, the Guide clarifies, inter alia, the following issues with reference to the case law of the CJEU and the Aarhus Convention Compliance Committee (ACCC):
- The definition of “public authority” as regulated by the Aarhus Convention, which excludes institutions or bodies acting in a judicial or legislative capacity;
- Clarification as to what may constitute “environmental information” broadly defined under the Aarhus Convention, encompassing for example information relating to mining or an archaeological discharge certificate;
- Situations in which a request for environmental information may be refused by a public authority;
- The fee regime for obtaining the requested environmental information.
2.2. Draft Order amending the Methodology on the organization and functioning of SUMAL 2.0 applications, approved by Order No. 118/2021 of the Minister of Environment, Water and Forestry
On 7 August 2024, the Draft Order for amending the Methodology for the organization and operation of SUMAL 2.0 applications, approved by Order no. 118/2021 of the Minister of Environment, Water and Forestry was published on the website of the Ministry of Environment, Water and Forestry, for 10 days public consultation.
The amendments to the Methodology on the organization and operation of SUMAL 2.0 applications mainly concern the obligations of SUMAL 2.0 users, the structure and manner of transmission of standardized information and the costs of the services for issuing accompanying notices, as well as some measures implementing the provisions of Regulation (EU) 995/2010 laying down the obligations of operators who place timber and timber products on the market.
Thus, the Draft Order, among others, clarifies the procedure and documents required for the authorization of temporary storage of timber and the procedure and competence to suspend access to SUMAL 2.0, which is carried out by the entity of which the inspecting officer who carried out the control is part (i.e., the central public authority responsible for forestry/National Forestry Guard/Forest Guards with territorial competence, as appropriate).
2.3. Government Decision No. 1010/2024 for the approval of the National Strategy on Adaptation to Climate Change for the period 2024-2030, with 2050 perspective
On 19 August 2024, the Government Decision No. 1010/2024 for the adoption of the National Strategy on Adaptation to Climate Change (NSACC) for 2024-2030 period, with 2050 perspective, aimed at improving the adaptive capacity of Romania’s socio-economic and ecological systems to the challenges of climate change on population and environment, in line with international commitments under the Paris Agreement and European legislation was published in the Official Gazette No. 823.
The strategy provides for action directions and specific measures in multiple key sectors such as water resources, forests, agriculture, biodiversity, public health, education, energy and transport, the implementation of which will be ensured through regular monitoring and evaluation.
Expected results include: development of ways to monitor forest ecosystems, increase of forested areas, reduction of biodiversity loss, diversification of energy production and storage technologies, as well as further increase of installed capacity in energy from renewable sources, promotion of low fuel and energy consumption practices in agriculture and creation of micro installations for biogas production on farm or in groups of farms.
2.4. Order No. 1.609/2024 of the Minister of Environment, Water and Forestry amending and supplementing the Order No. 185/2023 of the Minister of Environment, Water and Forestry for the approval of the model and content of the “Declaration on certain single-use plastic products” form and the instructions for filling it in and its submission
On 20 August 2024, the Order No. 1.609/2024 of the Minister of Environment, Water and Forestry amending and supplementing Order No. 185/2023 of the Minister of Environment, Water and Forestry for the approval of the model and content of the “Declaration on certain disposable plastic products” form and the instructions for filling it in and its submission was published in the Official Gazette No. 824.
Changes include:
- clarifications on rules for calculating the weight of waste generated by single-use bottles (which includes, for example, the weight of their caps and closures);
- rules for filling in and submitting the “Declaration on certain single-use plastic products” form using the «eTAX – AFM online communication»” service available on the website of the Environmental Fund Administration, www.afm.ro;
- formulas to calculate the percentage of recycled plastic in beverage bottles and PET bottles.
Further details on the new Order can be found in NNDKP`s Environment Flash No. 5/2024, available here.
The Romanian version of this newsletter is available here.
[1] Both EU and national developments are listed chronologically.
