NNDKP Environment Flash No.11/2026
1. EU DEVELOPMENTS SELECTION
1.1. European Commission advances infringement proceedings against Romania in the environmental area
In October 2026, the European Commission adopted four decisions which concern Romania, as part of its infringement proceedings.
These concern, among others, reasoned opinions in the areas of waste electrical and electronic equipment and energy and climate reporting obligations.
They also refer to an additional letter of formal notice in the field of ecodesign and energy labelling of products, following the failure to designate the competent market surveillance authorities.
Romania has two months to respond and address the identified shortcomings. Failing this, the European Commission may decide to refer the cases involving reasoned opinions to the Court of Justice of the European Union or issue a reasoned opinion in the proceeding concerning the ecodesign of products.
1.2. New provisions concerning the operation of the EUDR information system
On 15 October 2026, Implementing Regulation 2026/1565 amending Implementing Regulation 2024/3084 as regards the submission of due diligence statements, simplified declarations for micro or small primary operators, contingency arrangements and other measures simplifying the use of the information system became applicable.
Its provisions introduce, among others, new rules on the submission, updating and withdrawal of simplified declarations, the grouping of due diligence statements and simplified declarations, automated risk profiling, as well as measures applicable in the event of unavailability of the information system.
More information on the EUDR can be found in NNDKP’s Environment Flash No. 8/2026, available here.
1.3. Proposal to regulate access to information contained in the digital battery passport
On 19 October 2026, the European Commission launched a public consultation on a draft implementing regulation laying down rules for the application of Regulation (EU) 2023/1542 of the European Parliament and of the Council as regards access to and use of certain information in the battery passport.
The draft aims to establish the categories of persons and economic operators entitled to access restricted information in the digital battery passport, particularly information relevant to battery repair, reuse, remanufacturing and recycling, as well as the conditions governing the use of such information.
1.4. Public consultation on the use of bio-based feedstock in plastic packaging
On 21 October 2026, the European Commission launched a public consultation on the use of bio-based feedstock in plastic packaging, as part of the review provided for under Regulation 2025/40 on packaging and packaging waste (“PPWR”). The consultation is open until 13 January 2027.
The consultation aims to assess the technological development and environmental performance of bio-based plastic packaging, as well as the potential introduction of measures and targets to increase the use of bio-based feedstock in plastic packaging, including sustainability requirements applicable to such feedstock.
1.5. European Commission publishes guidelines on battery removability and replaceability
On 22 October 2026, the European Commission published in the Official Journal of the EU the Commission guidelines to facilitate the harmonised application of provisions on the removability and replaceability of portable and LMT batteries in Regulation 2023/1542.
The guidelines provide clarifications on the application of these requirements, including the conditions under which batteries must be able to be removed and replaced, as well as the derogations applicable to certain product categories. The relevant requirements will apply from 18 February 2027.
2. NATIONAL DEVELOPMENTS SELECTION
2.1. Anti-SLAPP law entered into force
On 7 October 2026, Law 193/2026 on protection against manifestly unfounded claims or abusive court proceedings targeting persons engaged in public participation (“anti-SLAPP”), transposing Directive 2024/1069, was published in the Official Gazette No. 845. The Law entered into force on 10 October 2026.
The law introduces measures to protect individuals and legal entities engaged in public participation on matters of public interest, including environmental protection, against abusive court proceedings. These include, among others, the possibility of early dismissal of manifestly unfounded claims, the provision of security to cover legal costs and potential damages, as well as judicial fines ranging from RON 10,000 to RON 100,000.
2.2. Amendments to the procedure for issuing the integrated environmental authorization
On 21 October 2026, Order 2137/2026 amending the Procedure for issuing the integrated environmental authorization, approved by Order 818/2003, was published in the Official Gazette No. 881.
More information on the draft order can be found in NNDKP’s Environment Flash No. 7/2026, available here.
2.3. New provisions on unclaimed deposits under the DRS
On 30 October 2026, the Romanian Government approved a decision supplementing Government Decision 1074/2021 establishing the Deposit-Return System (“DRS”) for non-reusable primary packaging.
The decision clarifies the rules applicable to unclaimed deposits and establishes the method for their annual calculation.
The Government Decision was published in the Official Gazette No. 918 of 2 November 2026.
The new provisions introduce, among others, a procedure for calculating unclaimed deposits based on data that allow the amounts to be verified, and preserve the right to recover deposits, including for packaging returned after the annual calculation has been completed.
The amendments do not change the deposit amount or introduce additional obligations for consumers, retailers or producers.
Both EU and national developments are listed chronologically.
The Romanian version of this newsletter is available here.
