NNDKP Environment Flash No. 8/2026
1. EU DEVELOPMENTS SELECTION
1.1. Simplification of the European Sustainability Reporting Standards and the introduction of a voluntary reporting standard
On 3 July 2026, the European Commission adopted a Delegated Regulation revising the European Sustainability Reporting Standards (“ESRS”) and a Delegated Regulation supplementing Directive 2013/34/EU on the annual financial statements, by introducing a voluntary sustainability reporting standard for smaller undertakings. These legislative acts are part of the “Omnibus I” package.
Both delegated regulations have been submitted to the European Parliament and the Council for scrutiny.
The measures will apply after the two-month scrutiny period has expired, unless this period is extended by an additional two months.
1.2. Adoption of certification methodologies for carbon farming activities
On 10 July 2026, the European Commission adopted a Delegated Regulation supplementing Regulation 2024/3012 establishing a Union certification framework for permanent carbon removals, carbon farming and carbon storage in products (“CRCF Regulation”) by establishing certification methodologies for carbon farming activities.
This legislative act introduces three certification methodologies for carbon farming activities under the CRCF Regulation, covering three types of activities: agriculture and agroforestry on mineral soils, the rewetting and restoration of peatlands and other organic soils, and reforestation.
The Delegated Regulation will be submitted to the European Parliament and the Council for scrutiny and will then enter into force on the twentieth day following its publication in the Official Journal of the EU.
1.3. New measures to support the implementation of the EU Deforestation Regulation
On 13 June 2026, the European Commission adopted a Delegated Regulation and an Implementing Regulation designed to support the implementation of the EU Deforestation Regulation 2023/1115 (“EUDR”).
The Delegated Regulation amends the list of products falling within the scope of the EUDR, while the Implementing Regulation lays down the technical rules applicable to the Information System for the submission of due diligence statements and simplified declarations.
The Delegated Regulation will be subject to scrutiny by the European Parliament and the Council before entering into force, while the Implementing Regulation was published in the Official Journal of the EU the day after its adoption.
1.4. Exemptions from the rules on removability of portable batteries have been adopted
On 14 July 2026, the European Commission adopted a Delegated Regulation supplementing Regulation 2023/1542 on batteries and waste batteries by introducing a number of derogations from the requirements on the removability of portable batteries and an updated version of the Guidelines on the removability and replaceability of portable batteries, providing guidance on the application of the new derogations.
More information on the new exemptions from the rules on the removability of portable batteries, as proposed during the public consultation stage, can be found in NNDKP’s Environment Flash No. 5/2026, available here.
1.5. Proposal for the revision of the EU ETS
On 17 July 2026, the European Commission published a proposal for the revision of the EU emissions trading system (“EU ETS”).
The envisaged amendments include, by way of example, the following:
- aligning the EU ETS with the EU’s 2040 emission reduction target of -90% as compared to 1990 levels, by adjusting the EU ETS reduction trajectory as of 2031;
- extending benchmark-based free allocation beyond 2030;
- making free allocation conditional upon the submission of decarbonisation investment plans in the EU, as well as upon the effective implementation of such decarbonisation investments within the EU.
In addition, regarding these proposed amendments, the European Commission published a Questions and Answers notice.
1.6. The ban on the destruction of certain unsold consumer products became applicable
On 19 July 2026, the prohibition on the destruction of certain unsold apparel, clothing accessories and footwear, laid down in Regulation 2024/1781 establishing a framework for the setting of ecodesign requirements for sustainable products (“ESPR”), became applicable to large enterprises.
More information on the prohibition on the destruction of unsold consumer products and the permitted exemptions can be found in NNDKP’s Environment Flash No. 3/2026, available here.
1.7. Amendments concerning the prohibition on the export of mixed municipal waste intended for recovery
On 30 July 2026, Regulation 2026/1703 amending Regulation 2024/1157 on shipments of waste, as regards the prohibition on the export of mixed municipal waste intended for recovery entered into force.
The amendment introduces a specific exemption to Regulation 2024/1157 on shipments of waste, which allows for the continued export of mixed municipal waste to Switzerland for recovery purposes.
2. NATIONAL DEVELOPMENTS SELECTION
2.1. Updates to the national framework for the Natura 2000 network
On 2 July 2026, Government Decision 509/2026 amending and supplementing Government Decision 685/2022 on the establishment of the protected natural area regime and the designation of special areas of conservation as an integral part of the Natura 2000 European ecological network in Romania was published in the Official Gazette 524.
The Decision introduces, among others, two new annexes extending the list of special areas of conservation (SACs), as well as the list of sites of community importance (SCIs) that become special areas of conservation (SACs).
2.2. Proposal to amend GEO 57/2007 on the regime governing protected natural areas
On 2 July 2026, a legislative proposal to amend and supplement article 38 of GEO 57/2007 on the regime of protected natural areas and the conservation of natural habitats and wild flora and fauna was registered at the Senate.
The legislative proposal aims to simplify the procedure for granting exemptions from measures to protect species of Community and national interest, by removing the requirement to obtain the opinion of the Romanian Academy.
To this end, exemptions would be approved by order of the head of the central public authority for environmental protection, issued on the basis of specialised studies, while ensuring that the populations of the respective species are maintained in a favourable conservation status.
2.3. The European Commission calls on Romania to comply with waste recycling targets
On 8 July 2026, the European Commission sent a reasoned opinion to Romania for failing to meet waste recycling targets.
The European Commission found that Romania has failed to meet the 50% target for preparing municipal waste (such as paper, metal, plastic and glass) for reuse and recycling, which had to be met by 2020, as well as certain recycling targets for total packaging and glass.
Romania has two months to respond and take the necessary measures.
Otherwise, the European Commission may decide to refer the matter to the Court of Justice of the EU.
2.4. The draft law on environmental protection through criminal law, submitted for interinstitutional consultation
On 13 July 2026, following the completion of the public consultation stage, the Ministry of Environment, Water and Forestry (“MEWF”) submitted, for interinstitutional consultation, the draft law amending and supplementing certain legislative acts in the field of environmental protection.
The draft law aims, among others, to transpose Directive 2024/1203 on the protection of the environment through criminal law (“Environmental Crime Directive”).
More information on the first version of the draft law can be found in NNDKP’s Environment Flash No. 7/2026, available here.
2.5. The European Commission calls on Romania to transpose the Anti-SLAPP Directive and the Environmental Crime Directive
On 15 July 2025, the European Commission decided to initiate infringement procedures by sending letters of formal notice to Romania for failing to communicate the complete transposition of Directive 2024/1069 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (“the Anti-SLAPP Directive”) and Directive 2024/1203 on the protection of the environment through criminal law.
Romania has two months to respond and take the necessary measures to ensure complete transposition. Otherwise, the European Commission may decide to issue reasoned opinions on these matters.
2.6. Legislative amendments concerning water management fees and the monitoring of water use
On 23 July 2026, Law 155/2026 amending and supplementing certain legislative acts in the field of water management entered into force.
The legislative act introduces, among others, amendments to the Water Law 107/1996 and GEO 107/2002 on the establishment of the National Administration of Romanian Waters (“GEO 107/2002”).
The main amendments include the phased introduction of a new mechanism for updating the water management system of contributions, tariffs and penalties, as well as the introduction of measures concerning the monitoring and metering of water use.
Furthermore, to facilitate the implementation of this new mechanism, Annexes 4–7 of GEO 107/2002 have been replaced by new annexes.
2.7. Legislative proposal on the National Strategy and Action Plan for Biodiversity Conservation 2026–2030
On 28 July 2026, a legislative proposal to approve the National Strategy and Action Plan for Biodiversity Conservation 2026–2030 was registered at the Senate. Subsequently, on 4 August 2026, it was adopted by the Senate.
More information on the draft National Strategy and Action Plan for Biodiversity Conservation 2026–2030, in its previous Government Decision format, can be found in NNDKP’s Environment Flash No. 6/2026, available here.
Both EU and national developments are listed chronologically.
The Romanian version of this newsletter is available here.
