NNDKP Environment Flash No.5/2026
1. EU DEVELOPMENTS SELECTION
1.1. Proposal to amend the Market Stability Reserve under the EU ETS
On 1 April 2026, the European Commission adopted a proposal to amend the Market Stability Reserve (MSR) under the EU Emissions Trading System (EU ETS) with a view to strengthening the stability and predictability of the carbon market.
The proposed amendment aims, among others, to suspend the current mechanism for invalidating surplus allowances in the reserve that exceed the 400 million threshold.
Instead, those allowances would be retained and used to support market balancing during periods of deficit or surplus, thereby contributing to increased system flexibility.
The initiative aims to strengthen the role of the MSR as a market stabilization tool, while maintaining its rules-based structure and the integrity of the EU ETS as a market mechanism. The proposal will be submitted to the European Parliament and the Council for adoption, and a more comprehensive review of the EU ETS is planned for July 2026.
1.2. Updates to the EU framework for monitoring and reporting greenhouse gas emissions
On 7 April 2026, two new delegated regulations adopted by the European Commission entered into force, namely Regulation 2026/81 and Regulation 2026/109, amending and correcting Delegated Regulation 2019/1122 regarding the operation of the Union Registry. Both regulations address changes in the field of climate policies and actions aimed at complying with the commitments undertaken under the Paris Agreement.
The new rules align existing provisions with the revised climate targets, clarify the use of flexibility mechanisms, and update the conditions governing the transfer and accounting of emission unites within the Union Registry. These measures aim to strengthen the transparency and efficiency of the emissions monitoring system, in support of achieving the EU’s climate targets.
1.3. Updates to the European legal framework on water
On 20 April 2025, Directive 2026/805 was published in the Official Journal of the EU, amending Directive 2000/60 establishing a framework for Community action in the field of water policy, Directive 2006/118 on the protection of groundwater against pollution and deterioration, and Directive 2008/ 105 on environmental quality standards in the field of water.
Among others, the Directive introduces changes regarding the identification and control of pollutants, updating environmental quality standards and strengthening monitoring mechanisms, including by harmonizing threshold values and standards applicable to certain pollutants, improving the comparability of the status of water bodies across Member States, and strengthening monitoring and reporting obligations by increasing the frequency and systematizing the information provided by Member States.
1.4. New exemptions from portable battery removability requirements
On 28 April 2026, the European Commission launched a public consultation on new rules establishing additional exemptions for certain products from EU requirements regarding the removability and replaceability of portable batteries.
The proposal calls for the inclusion of six new product categories in the list of exceptions, including, among others, smartwatches, fitness trackers and electric toys.
Stakeholders are invited to share their views on the draft legislation by 26 May.
More information on the Regulation on batteries and battery waste can be found in NNDKP’s Environment Flash No. 7/2025, available here and in NNDKP’s Environment Flash No. 1/2024, available here.
2. NATIONAL DEVELOPMENTS SELECTION
2.1. New rules amending GEO 57/2007 on protected natural areas
On 7 April 2026, GEO 25/2026 entered into force, amending and supplementing GEO 57/2007 on the regime governing protected natural areas, the conservation of natural habitats, and wild flora and fauna.
The amendments introduce, among others, the concept of “priority biodiversity areas”, aligning the national legislation with the EU Biodiversity Strategy for 2030 and fulfilling the milestones under the National Recovery and Resilience Plan (PNRR).
The legislative act also regulates the procedure for the designation of these areas, their management regime (non-intervention or active management), as well as their inclusion in a national catalogue.
At the same time, clarifications are introduced regarding the status of geoparks, which are regulated as distinct mechanisms of international recognition, in line with the UNESCO Programme, rather than as protected natural areas.
More information on the changes brought to the regime governing protected natural areas can be found in NNDKP’s Environment Flash No. 2/2026, available here.
2.2. Public consultation on the institutional framework for the management of fluorinated greenhouse gases
On 23 April 2026, the Ministry of Environment, Water and Forestry submitted for public consultation a draft law establishing the institutional framework and certain measures for the implementation of the management of fluorinated greenhouse gases.
The draft provides, among others, for the designation of the Ministry of Environment, Water and Forestry as the competent authority for coordinating the implementation of the Regulation on fluorinated gases, the designation of the Romanian Customs Authority as the authority responsible for ensuring compliance with prohibitions and other restrictions, as well as the establishment of applicable penalties.
2.3. Public Consultation on the Approval of the Methodology for Biodiversity Priority Areas
On 27 April 2026, the Ministry of Environment, Water and Forestry launched a public consultation on the draft order approving the methodology for identifying priority areas for biodiversity.
The methodology aims, among others, to establish criteria for identifying priority areas for biodiversity, depending on the type of ecosystems and habitats targeted, and their regime.
2.4. Changes to the procedure for granting the single industrial license
On 30 April 2026, Order 38/2026 was published in the Official Gazette No. 946, amending the Instructions on the procedure for granting, modifying, renewing, suspending, and revoking the single industrial license, approved by Order No. 2/2026 of the president of the Industrial Licensing Office.
The Order stipulates that approval of the note regarding the single industrial license by the management of the General Directorate for Licensing, Regulation, and PCUEL is deemed equivalent to the approval of the electronic file, while approval of the note by the President of the Office constitutes the final step for issuing the license as an electronic document.
The internal approval flow will be established by a procedure documented by the General Directorate for Licensing, Regulation, and PCUEL.
More information on the single industrial license can be found in NNDKP’s Environment Flash No. 2/2026, available here.
Both EU and national developments are listed chronologically.
The Romanian version of this newsletter is available here.
