NNDKP Environment Flash No.2/2026
1. EU DEVELOPMENTS SELECTION
1.1. The entry into force of the OSOA legislative package
On 1 January 2026, the legislative package “one substance, one assessment” (“OSOA”), consisting of Regulation 2025/2455, Regulation 2025/2457 and Directive 2025/2456, entered into force.
More information on the OSOA legislative package can be found in NNDKP`s Environment Flash No. 6/2025, available here, NNDKP`s Environment Flash No. 10/2025, available here, NNDKP`s Environment Flash No. 11/2025, available here, and NNDKP`s Environment Flash No.1/2026, available here.
1.2. Entry into force of the High Seas Treaty
On 17 January 2026, High Seas Treaty, formally known as the “Agreement on Biodiversity Beyond National Jurisdiction” entered into force.
The Treaty aims to ensure the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction through measures that include, inter alia, the establishment of marine protected areas, the setting of obligations and procedures for environmental impact assessments, capacity-building and the transfer of technology, as well as the regulation of the exploitation of marine genetic resources.
1.3. European Commission adopts simplified certificate formats for ship recycling
On 19 January 2026, the European Commission adopted new certificate formats that enable both the preparation of an inventory of hazardous materials on board of a ship and the confirmation that the ship is ready for recycling.
Under the new provisions, shipowners can fulfil their obligations under the Ship Recycling Regulation and the Hong Kong Convention with a single certificate, thereby reducing the administrative burden without affecting European legal requirements.
1.4. Entry into force of Delegated Regulation 2026/73 on simplifying the application of the Taxonomy Regulation
On 28 January 2026, Delegated Regulation 2026/73 amending Delegated Regulation 2021/2178 on the simplification of the content and presentation of information to be disclosed concerning environmentally sustainable activities and Delegated Regulations 2021/2139 and 2023/2486 regarding the simplification of certain technical screening criteria for determining whether economic activities cause no significant harm to environmental objectives, entered into force.
The amendments include the introduction of a materiality threshold for assessing the eligibility and alignment of economic activities with the taxonomy, the reduction of reporting requirements for financial and non-financial entities, and the simplification of the “do no significant harm” criteria in the area of pollution prevention and control.
The delegated Regulation applies from 1 January 2026 for reports relating to the 2026 financial year, while for the 2025 financial year, entities may choose to apply either the updated reporting rules or the previous rules, in effect until 31 December 2025.
1.5. Corrigendum to the SUP Directive was published in the Official Journal of the EU
On 29 January 2026, the Corrigendum to Directive 2019/904 on the reduction of the impact of certain plastic products on the environment (the “SUP Directive”) was published in the Official Journal of the EU.
More information on the SUP Directive can be found in NNDKP’s Environment Flash No. 2/2025, available here.
1.6. Action brought by the European Commission against Romania for failure to fulfil its obligations related to landfills
On 30 January 2026, the European Commission decided to bring an action against Romania before the Court of Justice of the European Union (“CJEU”) for failure to comply with its obligations under Directive 1999/31/EC on the landfill of waste.
The European Commission found that the Romanian authorities had not made sufficient efforts to close and rehabilitate landfills operating without authorisation or failing to comply with the legal conditions for operation.
More information on the European Commission’s previous actions concerning Romania’s non-compliance can be found in NNDKP’s Environment Flash No. 2/2024, available here.
2. NATIONAL DEVELOPMENTS SELECTION
2.1. Formal Opinion of the OECD Committee on Romania’s environmental policies
On 13 January 2026, Romania received the Formal Opinion regarding the fulfilment of environmental conditions in the process of accession to the Organisation for Economic Cooperation and Development (“OECD”).
This favourable opinion confirms the alignment of Romania’s legislation and national policies with OECD standards.
2.2. Digitalization of the Environmental Fund Administration
On 16 January 2026, the Government Decision No. 7/2026 approving the Explanatory Note on the necessity and opportunity of making investment expenditures related to the project “Integrated IT System of the Environmental Fund Administration” was published in the Official Gazette No. 30.
Among others, the normative act provides for the digitization of public services by converting manual processes into electronic workflows, establishing a unified and interoperable framework at the level of the Environmental Fund Administration, developing a modern and secure IT infrastructure, as well as enhancing institutional transparency and improving interaction with citizens and the business community.
2.3. Amendments to the methodology for calculating packaging fees within the DRS
On 22 January 2026, the Order No. 163/2026 amending and supplementing Annex 1 to Order No. 2202/2024 approving the methodology for calculating the management fee and administration fee for packaging in the deposit-return system was published in the Official Gazette No. 47.
More information on the draft order can be found in NNDKP’s Environment Flash No. 11/2025, available here.
2.4. Instructions on the procedure for granting, amending, renewing, suspending, and withdrawing the single industrial license
On 23 January 2026, the Order No. 2/2026 for the approval of the Instructions regarding the procedure for granting, amending, renewing, suspending, and withdrawing the single industrial license was published in the Official Gazette no. 53.
The normative act details the procedural steps, describes the workflow of activities carried out through the PCUEL platform, as well as the necessary documents and conditions that the applicant must meet to carry out the industrial activities listed in Annex no. 1 of GEO no. 140/2022 on the single industrial license.
2.5. Draft GEO for the regulation of “priority areas for biodiversity”
On 26 January 2026, the Ministry of Environment, Water and Forestry (“MEWF”) submitted for inter-institutional consultation a draft GEO on the amendment and supplementation of GEO No. 57/2007 on the regime of protected natural areas, the conservation of natural habitats, and wild flora and fauna.
The draft GEO primarily aims to establish the legal framework for the definition, delimitation, and management regime applicable to “priority areas for biodiversity”, as well as the activities permitted within such areas.
2.6. Publication of the 2025 activity report of the National Environmental Guard
On 27 January 2025, the National Environmental Guard (“GNM”) published its activity report for 2025.
According to the GNM press release, although the number of inspection and control actions decreased in 2025, the number and value of sanctions imposed reached the highest level in recent years, with increases of 20–25% across all key indicators compared to the previous year, resulting in total fines of over RON 163 million.
The sanctions imposed mainly concerned violations related to waste management, air quality, green spaces, uncontrolled mining operations, and illegal fishing.
The Romanian version of this newsletter is available here.
* Both EU and national developments are listed chronologically.
