NNDKP Environment Flash No.4/2025
1. EU DEVELOPMENTS SELECTION [1]
1.1. European Parliament calls for measures to strengthen the competitiveness of energy-intensive industries and support the transition to clean industrial processes
On 3 April 2025, the European Parliament adopted a resolution emphasizing the importance of a cost-efficient industrial transition, relying on technologies aimed at lowering energy prices and carbon emissions.
Through the adopted resolution, MEPs emphasize the essential role of energy-intensive industries in areas such as economy, job creation, strategic autonomy, but also several obstacles affecting EU industrial competitiveness such as high energy prices, burdensome regulation, unfair global competition or limited access to raw materials.
In order to achieve the targeted objectives and overcome the decarbonization-related challenges, the MEPs call, inter alia, the acceleration of permitting and licensing procedures for clean energy projects and the strengthening of energy system integration, especially through cross-border interconnections and increased investments in flexible solutions (such as energy and waste heat storage).
Moreover, the resolution highlights the essential role of carbon capture and storage (CCS) in the industrial decarbonization, as well as the importance of the effective implementation of the Carbon Border Adjustment Mechanism (CBAM). It also emphasizes that the forthcoming legislative act on the circular economy must optimize resource use, from the management of waste containing critical raw materials to stimulating demand for secondary raw materials.
1.2. Provisional agreement on preventing plastic pellet loss and reducing microplastic pollution
On 8 April 2025, the European Parliament and the Council reached a provisional agreement on a regulation aimed at preventing the loss of plastic pellets into the environment and reducing microplastic pollution.
The new rules covered by the provisional agreement establish, among others, requirements for the handling of plastic pellets by operators and by EU and non-EU based transporters at all stages of the supply chain, both on land and sea.
Thus, a risk management plan will have to be drawn up for each installation handling pellets, including measures related to packaging, loading and unloading, training of personnel, and the provision of appropriate equipment. Non-EU transporters will be required to appoint an authorized representative within the EU to ensure accountability and transparency.
Also, in order not to burden smaller companies, the agreement provides for a differentiated compliance system for operators handling more than 1,500 tons of plastic pellets per year and those who do not reach this threshold. In principle, the ones reaching the threshold will be required to obtain a certification from an independent third party, while the others will only be required to submit a declaration of conformity in this regard.
1.3. Provisional agreement on a new soil monitoring and resilience directive
On 10 April 2025, the European Parliament and the Council reached a provisional agreement on a new proposal for a soil monitoring and resilience directive, aimed at enhancing the resilience of agricultural land to natural disasters and heatwaves, as well as to tackle critical issues such as erosion, contamination, and biodiversity loss.
The new proposal sets out rules on soil health monitoring and assessment, sustainable soil and contaminated site management. It does not impose new obligations on landowners or land managers but rather requires Member States to support them in improving soil health and resilience.
It is also proposed to adopt a gradual and proportionate approach, allowing Member States sufficient time to establish their governance system, implement the soil monitoring system, assess soil health, and begin applying measures related to sustainable soil management.
1.4. The European Commission simplifies the implementation of the EU Deforestation Regulation
On 15 April 2025, the European Commission published an updated guidance and FAQs aimed at simplifying the implementation of the EU Deforestation Regulation, reducing the administrative burden for Member States, operators and traders and responding to feedback from international partners.
Key simplification measures include:
- the reuse of due diligence declarations already submitted for goods re-imported into the EU;
- the possibility for an authorized representative to submit due diligence declarations on behalf of the entire company group;
- the submission of annual declarations instead of one per transport or batch.
In addition, the European Commission’s launched on the same day for public consultation a proposed delegated act that provides further clarification on the scope of the regulation and responds to requests for guidance on certain categories of products. Also, by 30 June 2025, an implementing act is yet to be adopted to complete the country-level benchmarking system.
More information on the EU Deforestation Regulation can be found in NNDKP`s Environment Flash No. 1/2024, available here and NNDKP`s Environment Flash No. 1/2025, available here.
1.5. New working plan for the Ecodesign of Sustainable Products Regulation and the Energy Labeling Regulation
On 16 April 2025, the European Commission adopted the 2025–2030 Ecodesign for Sustainable Products Regulation and Energy Labelling Working Plan, setting five-year priorities for promoting sustainable, repairable, circular, and energy-efficient products in EU.
The Working Plan establishes a list of priority products, selected for their potential impact on the circular economy, for which ecodesign and energy labelling requirements will be introduced over the next five years. These products include steel, aluminium, textiles, furniture, tires and mattresses.
In addition, the Working Plan provides for the introduction of product repair measures, accompanied by a repair score for consumer electronics and small household appliances, as well as recycling standards for electrical and electronic equipment, further simplifying compliance and extending product lifespans.
Future ecodesign and labelling requirements will be established through delegated acts for each product or product group, covering both performance and other information, including essential product characteristics.
More details on the Ecodesign Regulation can be found in NNDKP`s Environment Flash No. 1/2024, available here and NNDKP’s Environment Flash No. 5/2024, available here.
1.6. Postponement of certain requirements regarding sustainability due diligence and reporting
On 16 April 2025, the “Stop the clock” Directive amending Directive 2022/2464 (“CSRD”) and Directive 2024/1760 (“CSDDD”) as regards the dates as of which Member States shall apply certain reporting and due diligence requirements in relation to corporate sustainability was published in the EU’s Official Journal, entering into force one day after its publication, respectively on 17 April 2025.
The “Stop the clock” Directive provides for the following measures:
- a two-year postponement of the entry into force of the requirements under the CSRD for large companies that have not yet begun reporting, as well as for listed SMEs;
- a one-year postponement of the transposition deadline and the initial phase of application of the CSDDD, particularly concerning the largest companies.
Therefore, with respect to sustainability reporting under the CSRD, large companies that were not included in the first reporting wave will start reporting the required information starting from 2028 for the previous financial year, while SMEs will commence reporting one year later, starting from 2029.
With regard to the corporate sustainability due diligence requirements under the CSDDD, the deadline for transposing the directive into national legislation has been extended by one year, until 26 July 2027 and the concrete compliance obligations under the first phase of application, applicable to the largest targeted companies, will enter into force in 2028.
The “Stop the clock” Directive is part of the “Omnibus” legislative package adopted by the Commission in February 2025 and shall be transposed into national legislation no later than 31 December 2025. More information on the European Commission’s proposals regarding the so-called “Omnibus” legislative package can be found in NNDKP`s Environment Flash No. 2/2025, available here.
2. NATIONAL DEVELOPMENTS SELECTION [1]
2.1. Draft law amending the Government Emergency Ordinance No. 92/2021 on waste regime
On 1 April 2025, a new legislative proposal was submitted to the Senate to amend Government Emergency Ordinance (“GEO”) No. 92/2021 on the waste management regime by introducing express obligations to publish information regarding authorized waste management operators.
Specifically, the proposal targets the obligation of the National Environmental Protection Agency (“NEPA”), currently the National Agency for Environment and Protected Areas, to publish on its website an updated list of authorized operators for waste management activities, which will include, in addition to the identification data of the authorized operator, information on the types of authorized activities, the entire authorization and the status of the annual endorsement.
In addition, the information will be updated within a maximum of 10 working days after any amendment, suspension or annulment of the authorization or from the issuance/non-issuance of the annual endorsement.
According to the proposal, the law would enter into force 4 months after its publication in the Official Gazette, NEPA being required to draft the procedure for publishing and updating the mentioned list within 60 days from the law’s entry into force.
2.2. Government Decision on the organization and functioning of the National Agency for Environment and Protected Areas entered into force
On 3 April 2025, Government Decision no. 311/2025 on the organization and functioning of the National Agency for Environment and Protected Areas (“NAEPA”) was published in the Official Gazette no. 295, entering into force on the same day.
The decision is based on the provisions of GEO no. 103/2024, which reorganized the public institutions in the field of environment, water and forests and also merged NEPA with the National Agency for Protected Natural Areas, thus leading to the establishment of NAEPA. More information on GEO No. 103/2024 is available in NNDKP`s Environment Flash No. 9/2024, available here.
More information on the key attributions of the NAEPA are available in NNDKP`s Environment Flash No. 11/2024, available here.
2.3. Draft GEO amending GEO No. 196/2005 on the Environmental Fund
On 17 April, the Ministry of Environment, Water and Forestry (“MEWF”) submitted for public consultation a draft GEO supplementing GEO No. 196/2005 on the Environmental Fund.
Among others, the changes cover:
- confirmation of the role of the Environmental Fund Administration (“EFA”) as the beneficiary and implementing authority for projects financed by non-reimbursable external funds for the closure and rehabilitation of non-compliant landfills;
- allocating in the EFA budget of commitment and budgetary credits corresponding to the total value of own projects for the closure and rehabilitation of non-compliant municipal landfills taken over in its patrimony, financed from European funds;
- allocating in the MEWF budget of commitment and budgetary credits for state-owned public-domain investments in the closure and rehabilitation of municipal landfills.
2.4. Amendment of the GEO No. 92/2021 on waste regime
On 22 April 2025, the draft law amending GEO No. 92/2021 on waste regime was transmitted for promulgation to the President of Romania.
The amendment aimed to supplement the conditions of the material element that triggers the offence provided for in Article 66 para. (1) of GEO No. 92/2021, by including air pollution as a determining factor for the commission of the offense, so that any change, even to a small extent, in the quality of the air, water, soil, or subsoil in the area affected by the unlawful act becomes a criterion for assessing the negligible impact on the environment.
Once promulgated, the law will enter into force three days after its publication in the Official Gazette.
2.5. Draft law on certain measures necessary for the implementation of national security projects in the field of hydropower
On 24 April 2025, the Ministry of Energy published, for public consultation, a draft law on certain measures necessary for the implementation of national security projects in the field of hydropower.
The draft law aims to establish a special, derogatory legal regime applicable to hydroelectric projects of strategic importance, in order to overcome the obstacles affecting their implementation, by classifying certain hydroelectric investments as “national security projects” and establishing accelerated and derogatory procedures from the usual regime.
Among the main provisions relevant from an environmental law perspective are:
- exemption of national security projects in the field of hydropower from environmental impact assessment and environmental approval, given their exceptional and urgent nature and overriding public interest;
- allowing the development of national security projects in the field of hydropower in areas of integral protection and buffer zones of national and natural parks;
- accelerated approval and authorization procedures.
It is also proposed that the provisions of the law should apply to hydroelectric projects already under construction or under design, if they are declared in the meantime to be of national security interest.
[1] Both EU and national developments are listed chronologically.
The Romanian version of this newsletter is available here.
