NNDKP Environment Flash No.5/2025
1. EU DEVELOPMENTS SELECTION [1]
1.1. Recommendations of the European Parliament regarding the European Water Resilience Strategy
On 7 May 2025, the European Parliament adopted a set of recommendations for the European Water Resilience Strategy (the “EWRS”).
MEPs call on the European Commission to include in the EWRS several measures related to the useful management of water resources, including:
- stricter measures to reduce water pollution from pharmaceuticals, pesticides, microplastic residues;
- the integration of climate-change adaptation into all plans and policies affecting water management and land use;
- the allocation of dedicated funding for water resilience, as well as investments in artificial intelligence, smart irrigation systems and digital monitoring, early-warning and cybersecurity solutions for water infrastructure.
EWRS is expected to be adopted soon by the European Commission.
1.2. Amendments to the European Commission’s State aid rules to strengthen public access to justice in environmental matters
On 12 May 2025, the European Commission adopted amendments to the rules governing state aid with the aim of facilitating public access to justice in environmental matters. The main beneficiaries of these changes are the non-governmental organizations (“NGOs”).
The changes introduce a new review mechanism, through which NGOs can request the re-examination of the European Commission’s final decisions on the granting of state aid in the environmental field, in order to determine whether they breach EU environmental law.
The activation of this review mechanism requires the fulfilment of certain conditions, including:
- the fulfilment by the NGOs requesting the review of certain criteria related to their independent and non-profit nature, as well as relevant experience in the field of environmental protection;
- the subject of the review can only be a final decision of the European Commission adopted subsequently to the completion of the investigation procedure regarding the granting of the state aid;
- the review must be based on a breach of the environmental law.
1.3. The European Commission revises the Common Agricultural Policy and simplifies environmental requirements
On 14 May 2025, the European Commission proposed a comprehensive set of measures to simplify the Common Agricultural Policy (“CAP”).
The proposed simplification measures include adjustments to environmental requirements and controls, such as automatic recognition of certified organic farms as complying with certain EU environmental requirements.
Incentives are also proposed for meeting certain stricter environmental requirements, along with the simplification of controls through digitalisation and reduced frequency.
The European Commission will submit the legislative proposal to the European Parliament and the EU Council for adoption.
1.4. The Council of Europe adopts landmark treaty to combat environmental crime
On 14 May 2025, the Council of Europe adopted the Convention on the Protection of the Environment through Criminal Law, a new international treaty that requires signatory states to adopt the necessary legislative measures to incriminate a range of serious environmental crimes.
The convention establishes a common framework for states to define and incriminate environmental crimes, including illegal pollution, habitat destruction, waste trafficking and serious degradation of ecosystems.
It also provides clear sanctions for companies responsible for environmental crimes, including fines, operating bans and obligations to restore the environment, as well as provisions regarding public access to information and participation in environmental decision-making.
The convention will enter into force after ratification by at least 10 states, 8 of which must be members of the Council of Europe.
This milestone joins the EU Directive on the protection of the environment through criminal law. More information on the directive can be found in NNDKP’s Environment Flash No. 5/2024, available here.
1.5. The European Commission adopts a planning tool for the implementation of the Regulation on nature restoration
On 20 May 2025, the European Commission adopted an implementing regulation that EU countries must follow in order to carry out their nature restoration plans.
This new regulation, developed in collaboration with the European Environment Agency (“EEA”), will support Member States in developing nature restoration plans by reducing the administrative workload through automatic data filling and a single reporting system.
EEA is currently developing the Reportnet3 digital system, which will facilitate the analysis, reporting and monitoring of national nature restoration plans, and will be fully operational by 1 September 2026, when Member States are due to submit their preliminary plans.
More information on the Regulation on nature restoration can be found in NNDKP`s Environment Flash No. 6/2024 available here, and NNDKP`s Environment Flash No. 8/2024, available here.
1.6. Provisional agreement on the reform of the European Maritime Safety Agency
On 20 May 2025, the European Parliament and the Council adopted a provisional agreement to revise the mandate of the European Maritime Safety Agency (“EMSA”) in order to adapt it to current and future requirements in maritime safety and sustainability.
The new regulation will strengthen EMSA’s legal framework, allowing it to extend its competences in areas such as decarbonization, cyber security and pollution incident management.
The next steps include formal approval by Member States’ representatives in the Council and the European Parliament, followed by a legal-linguistic review before final adoption.
1.7. Mandatory CO₂ storage quotas for oil and gas producers
On 22 May 2025, the European Commission adopted a delegated regulation under the EU’s Industrial Carbon Management Strategy and the “Clean Industrial Deal” package, setting out the identification and calculation rules for EU oil and gas producers required to deliver CO₂ storage solutions by 2030.
The following day, the European Commission adopted a decision identifying a number of 44 oil and gas companies that must put CO₂ injection capacities into operation by 31 December 2030, in geological storage sites authorized under the Directive 2009/31/EC on the geological storage of carbon dioxide (CCS Directive) and in fulfilment of the EU’s collective target set by the Net-Zero Industry Act. Each storage site will be recognised by Member States as a Net-Zero Strategic Project, including its capture and associated transport infrastructures.
The delegated regulation and the decision setting each company’s share are expected to enter into force at the end of July 2025, upon publication in the Official Journal of the EU. More information on the Net-Zero Industry Act can be found in NNDKP`s Environment Flash No. 4/2025 available here, and NNDKP`s Environment Flash No. 5/2024, available here.
1.8. The European Parliament and the Council supports the simplification of the CBAM
On 22 May 2025, the European Parliament approved the proposal to simplify the Carbon Border Adjustment Mechanism (“CBAM”) submitted by the European Commission through the Omnibus I package.
The European Parliament did not make significant substantive amendments, supporting the introduction of a new threshold of at least 50 tonnes per year of imported goods per importer to fall under the CBAM obligations.
The main effect of this change is the exemption of 90% of importers, mainly small and medium-sized enterprises and individuals, from CBAM obligations.
Negotiations between the European Parliament and the EU Council on the final form of the CBAM legislation have started, with the Council also backing the new minimum threshold and other simplifications and clarifications of the CBAM.
More information on the CBAM can be found in NNDKP`s Environment Flash No. 1/2024, available here, and more information on the Omnibus I package can be found in NNDKP`s Environment Flash No. 2/2025, available here.
1.9. The EU is moving closer to its 2030 climate and energy targets, as set out in national plans
The European Commission confirms that the EU is moving closer to its climate targets, being able to cut greenhouse gas emissions by about 54% by 2030.
According to the European Commission, following the recommendations issued in December 2023, the Member States have made significant and substantial improvements to their national energy and climate plans.
The European Commission is focusing on turning climate plans into concrete action by mobilizing public and private finance and coordinating closely with Member States to fill the remaining gaps.
2. NATIONAL DEVELOPMENTS SELECTION
2.1. Amendments to the procedure for the registration, reporting and declaration of economic operators importing waste into the country for recovery
On 6 May 2025, the Order No. 1185/2025 amending and supplementing Annexes No. 2 and 4 to the Procedure for registration, reporting and declaration of economic operators importing waste into the country for recovery approved by Order of the Minister of Environment, Water and Forestry No. 1736/2022 (the “Procedure”), was published in the Official Gazette No. 399, entering into force on the same day.
The order introduces a series of amendments to the Procedure, including:
- the obligation for economic operators applying for registration in the Register of waste imports into Romania for recovery (the “ROAFM Register”) to ensure that their environmental authorization includes, in addition to the quantities authorized for being processed, at least one of the recovery operations provided by law;
- failure to notify any changes to the initial registration data will no longer lead to exclusion from the ROAFM Register, but any non-compliance found by the National Environmental Guard can result in temporary blocking of the operator’s account, leading to a ban on the introduction of waste into the country;
- the establishment of new deadlines for the reporting of certain data and information in the ROAFM Register, both for waste shipments within and outside the EU.
2.2. Law No. 56/2025 amending GEO No. 92/2021 on the waste regime entered into force
On 12 May 2025, Law No. 56/2025 amending the conditions attached to the material element that trigger the criminal offense provided for in Article 66 (1) of the GEO No. 92/2021 on the waste regime, namely by including air pollution as a determining factor for its retention, was published in the Official Gazette No. 433. It entered into force on 15 May 2025.
More information on the amendment envisaged by the law can be found in NNDKP`s Environment Flash No. 4/2025, available here.
2.3. The Senate Decision No. 36/2025 regarding the “Stop the clock” Directive
On 15 May 2025, the Senate Decision No. 36/2025 regarding the Directive of the European Parliament and of the Council amending Directive 2022/2464 (“CSRD”) and Directive 2024/1760 (“CSDDD”) as regards the dates on which Member States shall apply certain reporting and due diligence requirements in relation to corporate sustainability was published in the Official Gazette No. 453.
By this Decision, the Senate confirmed that the “Stop the clock” Directive complies with the principles of subsidiarity and proportionality.
More information on the “Stop the clock” Directive amending the CSRD and CSDDD can be found in NNDKP’s Environment Flash No. 4/2025, available here.
[1] Both EU and national developments are listed chronologically.
The Romanian version of this newsletter is available here.
