NNDKP Environment Flash No. 9/2024
1. EU DEVELOPMENTS SELECTION [1]
1.1. New measures under the REACH Regulation to protect human health and the environment
On 19 September 2024, the Commission adopted Regulation (EU) 2024/2462 amending Annex XVII to Regulation (EC) No 1907/2006 (“REACH Regulation”), restricting the use of a sub-group of PFAS chemicals to protect human health and the environment.
Among others, the new amending Regulation aims to restrict the use of undecafluorohexanoic acid (“PFHxA”) and PFHxA-related substances in textiles, food packaging, mixtures intended for consumer use, cosmetics, and in some firefighting foam applications.
It does not affect other applications of PFHxA, for example in semiconductors, batteries or fuel cells for green hydrogen.
The Regulation will enter into force within 20 days of its publication in the Official Journal and provides for transitional periods to find alternatives.
2. NATIONAL DEVELOPMENTS SELECTION [1]
2.1. Emergency Ordinance 103/2024 on the reorganization of some public institutions in the field of environment, water and forestry, as well as amending and supplementing some normative acts
On 28 August 2024, the Emergency Ordinance 103/2024 on the reorganization of some public institutions in the field of environment, water and forestry, as well as for amending and supplementing some normative acts was published in the Official Gazette.
The new Emergency Ordinance establishes the National Agency for Environment and Protected Areas (the “Agency”), aimed at improving the management of permitting procedures for obtaining environmental regulatory acts and the efficient management of protected natural areas, and sets out its main tasks and responsibilities.
The Agency will be created by merging the National Agency for Environmental Protection and its subordinate institutions with the National Agency for Protected Natural Areas. The Agency will take over the staff, tasks and activities of these entities.
Within 60 days from the date of entry into force of this Emergency Ordinance, the Government shall establish, by decision, the organization and functioning of the National Agency for Environment and Protected Areas.
Further details on the Emergency Ordinance proposal can be found in NNDKP`s Environment Flash No. 7/2024, available here.
2.2. Legislative proposal on the management of construction and demolition waste
On 3 September 2024, a legislative proposal for managing construction and demolition waste was registered on the Senate website.
Provisions of interest include the following:
- the prohibition of elimination by final disposal of waste that can be recovered through reuse or recycling from construction/demolition activities;
- the obligation to conduct an audit prior to the commencement of a demolition project to identify all types of subassemblies, materials and waste that will be generated during demolition by a qualified expert accredited by the county environmental protection agencies;
- the obligation of the holders of authorizations for the construction or dismantling/demolition of public works to ask the issuer of the authorization for solutions for the reuse or recovery of the waste generated, at the feasibility phase, and to include this requirement in the tender books.
The proposed legislation also provides for a series of administrative penalties for non-compliances.
The legislative proposal is currently under debate and will be sent to the Chamber of Deputies if adopted by the Senate.
2.3. Draft Order of the Minister of Environment, Water and Forestry on the approval of the Methodology for collecting, managing and making available to the public environmental information
On 26 September 2024, the draft Order on the approval of the Methodology for collecting, managing and making available to the public environmental information for public authorities subordinated, coordinated or under the authority of the central public authority for environmental protection was published on the website of the Ministry of the Environment, Water and Forestry.
The proposed Methodology aims to establish the conditions under which public authorities subordinated, coordinated or under the authority of the central public authority for environmental protection collect, manage and make available to the public environmental information.
The proposed order covers both environmental information held by public authorities for the protection of the environment and environmental information held by other public authorities.
In addition, the proposal sets out the conditions for environmental information to be made available and provided to the public by computerized telecommunication means and technologies and/or electronic information and communication technologies, as they develop.
The Romanian version of this newsletter is available here.
[1] Both EU and national developments are listed chronologically.
