NNDKP Environment Flash No.6/2026
1. EU DEVELOPMENTS SELECTION
1.1. The European Commission published its report on the simplification of the revised Deforestation Regulation
On 4 May 2026, the European Commission published its report on the simplification of the revised Deforestation Regulation 2023/1115 (“EUDR”) and a series of additional measures to support its implementation.
The package of measures includes, among others, an updated guidance document, an expanded set of frequently asked questions (FAQs) aimed at clarifying the practical application of the new provisions, as well as a draft delegated act intended to clarify the scope of the EUDR.
More information on the revision of the EUDR can be found in 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. Public consultation on the revision of the European Sustainability Reporting Standards
On 6 May 2026, the European Commission launched a public consultation on the draft of the final versions of the revised European Sustainability Reporting Standards (“ESRS”) and on a voluntary standard intended for smaller undertakings.
According to the European Commission, the draft revised ESRS reduces the number of mandatory datapoints by more than 60% and introduces additional flexibilities for undertakings with a view to reducing reporting costs. In parallel, the European Commission proposed a voluntary standard for companies not falling within the scope of the CSRD, including for the purpose of limiting the information that may be requested from value chain partners with up to 1,000 employees.
More information on sustainability reporting can be found in NNDKP`s Environment Flash No. 11/2024, available here.
1.3. New exemption for pallet wrappings or straps under the PPWR
On 6 May 2026, Commission Delegated Decision 2026/429 on supplementing Regulation 2025/40 on packaging and packaging waste (“PPWR”), was published in the Official Journal of the EU.
The decision provides an exception for economic operators using pallet wrappings or straps for stabilizing and protecting goods placed on pallets during transport from the requirement to reuse these packaging formats at a rate of 100%, as laid down in the PPWR.
1.4. EU strengthens water protection rules
On 11 May 2026, Directive 2026/805 entered into force, 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 policy.
Among others, the Directive updates the lists of pollutants in surface water and groundwater. Member States must transpose the revised rules by 22 December 2027.
More information on the changes brought by the Directive can be found in NNDKP`s Environment Flash No. 5/2026, available here.
1.5. The European Commission proposes updated EU ETS benchmarks for 2026–2030
On 11 May 2026, the European Commission proposed updated benchmark values for the EU Emissions Trading System (“EU ETS”) covering the 2026–2030 period.
According to the European Commission’s proposal, the industry will continue to receive free allocations covering, on average, approximately 75% of emissions, including through the continued coverage of indirect emissions generated by electricity consumption for certain products.
The methodology remains based on the performance of the most efficient installations in each sector, thereby maintaining incentives for emissions reduction and decarbonization.
The proposal will be adopted by the end of June 2026. The European Commission has also announced that a comprehensive review of the EU ETS will follow in July 2026.
1.6. Application of the new EU rules on waste shipments and launch of the DIWASS digital platform
On 21 May 2026, most of the provisions of the revised Regulation 2024/1157 on waste shipments entered into application. On the same day, the Digital Waste Shipment System (DIWASS) was launched. All shipments subject to the prior informed consent (PIC) procedure must now be processed through DIWASS. The system aims to improve traceability, reduce administrative burdens, and facilitate the circulation of secondary raw materials.
The revised framework thus introduces stricter rules for waste exports, in particular for plastic waste, which becomes subject to the PIC procedure for exports to third countries, while exports to non-OECD countries will be prohibited as of 21 November 2026. For waste included on the green list, the use of paper-based procedures remains permitted until 31 December 2026, to support the transition towards full digitalisation.
1.7. The European Commission issued guidance on the application of the EU water framework
On 22 May 2026, the European Commission published guidance on the application of the EU water framework for projects that may impact water quality. The document concerns the implementation of the Water Framework Directive, the Groundwater Directive and the Environmental Quality Standards Directive.
The guidance clarifies how impacts on water bodies should be assessed and how the flexibilities and exemptions provided under EU legislation should be applied. The document also addresses situations involving temporary deterioration of water quality and relocation of pollution without a net increase in pollution levels.
The European Commission stated that the guidance aims to support permitting procedures for projects considered strategic for the green transition, including projects in the critical raw materials sector. At the same time, the institution emphasised that the document is not legally binding and does not amend the existing legislation.
2. NATIONAL DEVELOPMENTS SELECTION
2.1. Proposal to approve new rules on timber traceability and movement
On 8 May 2026, the Ministry of Environment, Waters and Forests (“MEWF”) launched a public consultation on a draft Government Decision (“GD”) approving new rules on the origin, traceability, movement and commercialization of timber materials. The draft aims to implement the provisions of the new Forestry Code and to update the framework applicable to the SUMAL system.
The proposed rules set out, among others, detailed obligations regarding the issuance and use of transport documents, the conditions for timber transport and storage, as well as the situations in which timber materials are considered to lack legal origin.
The draft also introduced rules on the use of SUMAL 2.0 applications by economic operators, forestry districts, authorities and transporters, including obligations related to transport monitoring and data transmission within the system.
The draft also regulates the development of the integrated information system for forests, for the implementation of the EUDR and the strengthening of timber control and traceability mechanisms, including through additional digital functionalities and cooperation between the MEWF and the Special Telecommunications Service.
2.2. Proposal for the approval of the National Biodiversity Strategy and Action Plan 2026–2030
On 8 May 2026, the MEWF launched for public consultation a draft GD on the approval of the National Strategy and Action Plan for Biodiversity Conservation 2026–2030. The Strategy aims to align the national framework with the objectives set under the Kunming–Montreal Global Biodiversity framework, the EU biodiversity strategy for 2030, and Regulation 2024/1991 on nature restoration.
The document proposes measures for the conservation and restoration of ecosystems, improving the conservation status of species and habitats, expanding and strengthening the network of protected natural areas, and controlling invasive alien species. At the same time, it seeks to integrate biodiversity objectives into sectors such as agriculture, forestry, energy, and infrastructure.
The adoption of the Strategy by 30 June 2026 represents a milestone assumed by Romania under the National Recovery and Resilience Plan.
2.3. Proposal for an electronic traceability system for recyclable municipal waste
On 8 May 2026, the MEWF launched a public consultation on a draft GD establishing an electronic traceability system for flows of recyclable municipal waste delivered by individuals to authorised operators, aimed at improving traceability and combating illegal collection.
The draft proposes the creation of the TRACE-DM electronic system, administered by the Environmental Fund Administration, for recording transactions involving the delivery of recyclable waste and verifying their household origin, as well as setting thresholds for additional documentation of quantities.
The system would be interconnected with the national environmental platforms to improve recycling reporting and increase the accuracy of data submitted at EU level.
2.4. Proposal regarding the publication of permits for the extraction of mineral aggregate
On 15 May 2026, the MEWF launched for public consultation a draft Order establishing the procedure for the submission and publication of water management authorizations issued for mineral aggregate extraction activities carried out in riverbeds and river terraces, as well as for aggregate sorting and washing stations, with the aim of increasing transparency and public access to information.
The draft provides for the transmission of authorizations by the territorial structures of the National Administration “Romanian Waters” to the central level within three working days, and their publication on the “Inspectorul Balastierelor” platform within a maximum of five working days, including information on authorised extraction areas and economic operators.
The measure aims to strengthen oversight of mineral aggregate extraction and facilitate the rapid identification of non-compliant activities through the digitalisation and centralisation of information.
2.5. Procedure for issuing greenhouse gas emissions permits published in the Official Gazette
On 27 May 2026, Order No. 1039/2006 approving the Procedure for issuing greenhouse gas emissions permits resulting from the use of excisable fuel in the road transportation, residential buildings, institutional/commercial buildings, energy industry, manufacturing industry and construction sectors was published in the Official Gazette No. 449.
The Order sets out, among others, the documentation required for the issuance and revision of the greenhouse gas emissions permit, the requirements applicable to the preparation and approval of the emissions monitoring plan, the powers of the National Agency for Environment and Protected Areas regarding the assessment of applications and the issuance of permits, as well as the applicable procedural deadlines.
2.6. New Order on environmental inspections published in the Official Gazette
On 28 May 2026, the Order No. 1019/2016 approving the Technical Norms regarding the organization and conduct of inspection and control activities in the field of environmental protection was published in the Official Gazette No. 452.
The Order introduces, among others, the use by inspectors of the National Environmental Guard (GNM) of certified technical means for monitoring, documenting, and collecting evidence. It also establishes the IT system “GNM-NET” and the electronic facility file, as well as GNM’s access to external databases of other public institutions. Furthermore, it regulates joint or cross-border inspections carried out in cooperation with national authorities or authorities from other EU Member States.
Both EU and national developments are listed chronologically.
The Romanian version of this newsletter is available here.
