NNDKP Environment Flash No.10/2026
1. EU DEVELOPMENTS SELECTION
1.1. CJEU clarifications concerning the SEA Directive
On 7 September 2026, the judgment of the Court of Justice of the European Union (“CJEU”) in Case C-771/24, “Fédération belge du stationnement and Interparking”, was published in the Official Journal of the EU.
Through this judgment, the CJEU clarified the conditions under which a national regulatory measure may qualify as a “plan or programme” subject to an environmental assessment under Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment (“SEA Directive”).
1.2. Update to the European Commission’s guidelines on single-use plastic products
On 8 September 2026, Notice No. C/2026/4813 updating European Commission’s guidelines on single-use plastic products in accordance with Directive 2019/904 on the reduction of the impact of certain plastic products on the environment (“SUP Directive”) was published in the Official Journal of the EU.
The update aims to provide further clarification on the application of the SUP Directive to certain products and to promote a more consistent interpretation of its scope.
1.3. Interpretations of the EFTA Court concerning the SEA Directive
On 10 September 2026, the judgment of the Court of Justice of the European Free Trade Association (“EFTA Court”) in Case E-17/25 “Redd Ullevål Sykehus v. the Norwegian State” was published in the Official Journal of the EU.
The judgment concerns the interpretation of the conditions under which a plan or programme is subject to a strategic environmental assessment (“SEA”). Among others, according to it, a ruling by a national court finding that the absence of a SEA could not have affected the substance of the decision, thereby allowing such a decision to remain valid, would deprive the SEA Directive as a whole of its effectiveness.
1.4. New Questions and Answers of the European Commission on the revised IED
On 15 September 2026, the European Commission’s Communication No. C/2026/4834 concerning Questions and Answers on Directive 2024/1785 amending Directive 2010/75 on industrial emissions (the “IED”) and Directive 1999/31 on the landfill of waste was published in the Official Journal of the EU.
The document provides, among others, clarifications on emission limit values, the assessment of the emission levels associated with the best available techniques, requirements for the protection of surface waters, mandatory and indicative environmental performance levels, and environmental management systems.
1.5. New proposals under the EU Emissions Trading Systems ETS1 and ETS2
On 15 September 2026, the European Parliament voted on two separate proposals concerning market stability under the EU Emissions Trading Systems ETS1 and ETS2.
With regard to ETS1, the European Parliament proposed maintaining the mechanism for invalidating emission allowances held in the Market Stability Reserve, by increasing the relevant threshold, as of 1 February 2027, from 400 million to 650 million allowances.
With regard to ETS2, the European Parliament approved the provisional agreement with the Council, with a view to protecting consumers against significant price fluctuations.
The amendments concerning ETS2 will enter into force 20 days after their publication in the Official Journal of the EU, following their formal adoption by the Council.
1.6. Proposal on the CBAM extension
On 15 September 2026, the European Parliament adopted its position on the amendment of the Carbon Border Adjustment Mechanism (“CBAM”), supporting an extension of its scope to a broader range of downstream goods, including finished steel and aluminium products.
The proposed changes also introduce stricter rules to prevent circumvention of the mechanism and provide for a temporary decarbonisation fund aimed at supporting EU producers on export markets.
More information on the CBAM can be found in NNDKP’s Environment Flash No. 1/2026, available here, and No. 7/2026, available here.
1.7. Council’s position on proposed measures to protect energy-intensive sectors against carbon leakage
On 16 September 2026, the Council agreed on its position on a proposal aimed at increasing, for the 2026–2030 period, the allocation of free emission allowances to energy-intensive sectors covered by the ETS heat and fuel benchmarks.
The revision forms part of the broader reform of the EU-ETS and seeks to support sectors facing a higher risk of carbon leakage in maintaining their competitiveness.
Under the Council’s position, approximately 88 million available allowances would be used for free allocation, representing cost savings of approximately EUR 6 billion for the sectors concerned.
The Council also added a further 33 million allowances that had not previously been allocated because the relevant installations did not meet the existing ETS conditionality requirements.
More information on this topic can be found in NNDKP’s Environment Flash No. 8/2026, available here.
1.8. New Delegated Regulation amending the EUDR
On 17 September 2026, Delegated Regulation 2026/2102 amending Regulation 2023/1115 on deforestation (“EUDR”) as regards the list of relevant commodities and relevant products was published in the Official Journal of the EU. The Delegated Regulation entered into force on 18 September 2026.
It amends the list of products falling within the scope of the EUDR by adding, among others, certain products derived from rubber and palm oil, while removing or narrowing other product categories. For the newly added products, the obligations will apply from 30 December 2027.
2. NATIONAL DEVELOPMENTS SELECTION
2.1. Legislative amendments relevant to certain projects located in protected natural areas
On 12 September 2026, Law 185/2026 supplementing GEO 57/2007 on the regime of protected natural areas, conservation of natural habitats, wild flora and fauna, and amending Law 292/2018 on the assessment of the effects of certain public and private projects on the environment entered into force.
More information on this topic can be found in NNDKP’s Environment Flash No. 9/2026, available here.
2.2. Legislative proposal concerning the investigation of odour nuisance
On 23 September 2026, a legislative proposal to amend and supplement GEO 195/2005 on environmental protection was submitted to the Senate.
The proposal introduces additional obligations for the central public health authority, through its subordinate bodies, concerning the investigation and monitoring of reported sources of odour nuisance, including through the assessment of soil and water in the areas surrounding the sites concerned and the analysis of the impact on the health and quality of life of the population.
An important aspect is that, where investigations indicate a causal link between the reported odour nuisance and the health of the population, the competent public health authority would notify the competent environmental protection authority, with a view to reassess the regulatory acts and to adopt the necessary measures, including, where appropriate, their suspension.
Furthermore, the legislative proposal provides for the development, within a maximum of 180 days from the entry into force of the law, of a methodology for investigating the impact of odour nuisance on the health and quality of life of the population.
2.3. New rules to combat greenwashing
On 27 September 2026, the provisions of GEO 18/2026 amending and supplementing Law 363/2007 on combating unfair commercial practices in the relationship between traders and consumers and harmonising the legislation with consumer protection legislation, as well as amending and supplementing GEO 34/2014 on consumer rights in contracts concluded with professionals (the “GEO 18/2026”), transposing into national law Directive 2024/825 amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and through better information (the “EmpCo Directive”), became applicable.
GEO 18/2026 introduces stricter requirements for commercial communications containing claims concerning the environmental impact or environmental performance of products, brands or businesses, with a view to combating environmental misinformation, commonly referred to as “greenwashing”.
For guidance purposes, and with a view to facilitating the practical application of the provisions aimed at combating greenwashing, the European Commission published recently an updated Questions and Answers document on the EmpCo Directive.
Both EU and national developments are listed chronologically.
The Romanian version of this newsletter is available here.
