Environment Flash No. 10/2024

1. EU DEVELOPMENTS SELECTION

1.1. The Commission calls on Romania to protect habitats and species

On October 3, 2024, the Commission sent a reasoned opinion to Romania for incomplete transposition into national law of the Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (“Habitats Directive”).

The Commission criticized that the national legislation does not clearly stipulate that conservation measures included in the management plans of protected natural areas must take into account the ecological needs of the natural habitat types and species present in the territory of the protected areas. The Commission also held that national legislation limits the scope of the main provisions of the Habitats Directive to activities within Natura 2000 sites, excluding all other possible causes of impact/damage/disturbance originating outside the sites.

The reasoned opinion gives Romania two months to respond and take the necessary measures. If  Romania fails to comply with the reasoned opinion, the Commission may refer the case to the Court of Justice of the European Union.

1.2. Updated EU air quality standards

On October 14, 2024, the Council adopted a new directive updating EU air quality standards.

This new directive substantially amends Directive 2004/107/EC relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air and Directive 2008/50/EC on ambient air quality and cleaner air for Europe.

Among others, the revised directive improves the rules on air quality monitoring and modelling and introduces a regular review mechanism that will consider the most up-to-date scientific data to maintain its continued relevance.

The new directive also facilitates access to justice and the right to compensation for people affected as a result of an air quality violation.

The legislation is now to be published in the Official Journal of the European Union and will enter into force on the 20th day following publication. Member States will have two years to transpose the Directive into national law.

1.3. New regulation on classification, labeling and packaging of chemicals

On October 14, 2024, the Council adopted a new Regulation on classification, labeling and packaging of chemicals to update Regulation (EC) No. 1272/2008 on classification, labeling and packaging of substances and mixtures (“CLP Regulation”).

The revision of the CLP Regulation aims to strengthen, improve and simplify the legal framework applicable to chemicals.

Among others, it clarifies the rules on labeling and classification and introduces safeguards adapted to the new economic realities and forms of trade (e.g., online trade, new trends in the digital and circular economy, bulk purchasing, digital labeling). New measures are also introduced to facilitate reporting on chemicals placed on the market.

The new CLP Regulation is now to be published in the Official Journal of the European Union and will enter into force on the 20th day following publication.

1.4. New measures to implement EU Deforestation Regulation

On October 16, 2024, the Council expressed its favourable position to approve the Commission’s proposal to postpone by 12 months the application of the Regulation (EU) 2023/1115 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation (“EU Deforestation Regulation”).

Insofar as the European Parliament will adopt the same position, the rules contained in the EU Deforestation Regulation will become binding as of (i) December 30, 2025 for large operators and traders and (ii) June 30, 2026 for micro-enterprises and small enterprises.

The aim of the measure is to allow more time for a more diligent preparation for the implementation of the legislation, allowing those concerned to fully prepare to ensure that certain commodities and other products sold in or exported from the EU do not involve deforestation.

More information on the EU Deforestration Regulation can be found in NNDKP`s Environment Flash No. 1/2024 available here.

2. NATIONAL DEVELOPMENTS SELECTION

2.1. Legislative proposal amending and supplementing Article 9 para. (1) letter z) of the GEO 196/2005

On October 2, 2024, a legislative proposal was registered in the Senate amending and supplementing Article 9 para. (1) letter z) of the Government Emergency Ordinance No. 196/2005 on the Environmental Fund (“GEO 195/2005”). This legal text regulates the contribution due by economic operators placing on the market products packaged in non-reusable primary packaging, in case of failure to meet the minimum annual return targets.

Therefore, it is proposed that in 2024 the contribution due in case of failure to meet the minimum annual return targets for the products packaged in non-reusable primary packaging should also include the contribution of 2 lei/kg provided for in Art. 9 para. (1) letter (d) of GEO 196/2005.

Art. 9 para. (1) letter (d) of GEO 196/2005 regulates the contribution due in case of non-compliance with the minimum targets for recovery or incineration in incineration plants with energy recovery and recovery through recycling of packaging waste.

The legislative proposal has been sent for endorsement and has so far received a favorable endorsement from the Legislative Council.

2.2. Publication in the Official Gazette of GEO 119/2024 on the establishment of measures for the elaboration of the National Social Climate Plan necessary for Romania to access non-reimbursable external funds under the Social Climate Fund, as well as for amending and supplementing some normative acts

On October 9, 2024, the Government Emergency Ordinance GEO 119/2024 on the establishment of measures for the elaboration of the National Social Climate Plan necessary for Romania to access non-reimbursable external funds under the Social Climate Fund, as well as for amending and supplementing some normative acts was published in the Official Gazette.

The National Social Climate Plan (NSCP) aims to support vulnerable households, vulnerable micro-enterprises and vulnerable transport users by putting in place existing and/or new measures and investments to address the impact of carbon pricing, while accompanying and accelerating the measures needed to meet the European Union’s climate objectives.

The Ministry of European Investment and Projects will coordinate the preparation, negotiation, approval, implementation, monitoring and control of the funds granted through the PNSC.

2.3. Legislative proposal on the organization and functioning of the National Environmental Guard

On October 10, 2024, a legislative proposal for  amending and supplementing the Government Decision No. 1005/2012 on the organization and functioning of the National Environmental Guard, was published on the website of the Ministry of Environment, Water and Forestry.

The proposed amendments aim to strengthen the institutional capacity, increasing the efficiency of inspections and controls, as well as align with European standards and regulations in the field of environmental protection.

Provisions of interest include the following:

• increasing the number of control commissioner posts at national level;
• the possibility of extending the duties of the commissioners of the territorial structures throughout the country by decision of the Commissioner General;
• the extension of the main tasks of the National Environmental Guard to include, inter alia, the verification of the legality of economic activities on the sites under control;
• the extension of the right of inspection and control, both during the day and night, on land, in buildings, headquarters, warehouses, as well as in any other premises where activities are carried out with a possible impact on the environment and/or which may lead to environmental damage;
• additional tasks of retaining documents, requesting certified copies, taking samples, carrying out measurements, and the possibility of ordering technical expertise to finalize the controls.

According to the explanatory memorandum, these measures are based, among other things, on recent accidents at sites involving dangerous substances (including fuel and LPG stations and Seveso sites) and the need to meet commitments to join the  Organization for Economic Cooperation and Development.

2.4. The study on the elaboration of the report on the ecological status of the Black Sea Marine Ecosystem was published

On October 23, 2024 the study on the elaboration of the report on the ecological status of the Black Sea marine ecosystem as required by art. 17 of the Marine Strategy Framework Directive (2008/56/EC) was published on the website of the Ministry of Environment, Water and Forestry, for public consultation.

The report was submitted to the European Commission. The assessment will help determine the measures needed to achieve ‘good environmental status’ in the Black Sea and will facilitate monitoring in line with EU requirements to protect and conserve marine ecosystems in the region.

Interested citizens, institutions and organizations may submit opinions, proposals and suggestions within 10 working days from the date of publication of the report.

By Madalina Vasile, Head of the Environment Practice, Camelia Stanciu, Senior Associate, and Teodora Roman, Associate, NNDKP