NNDKP Environment Flash No.9/2026
1. EU DEVELOPMENTS SELECTION
1.1. European Commission updates the PPWR FAQs
On 3 August 2026, the European Commission published an updated edition of its Frequently asked questions (“FAQs”) on Regulation 2025/40 on packaging and packaging waste (“PPWR”).
The updated FAQs provide further practical clarifications on the implementation of the PPWR, ahead of its general application from 12 August 2026.
More information on the previous version of the PPWR FAQs can be found in NNDKP’s Environment Flash no. 4/2026, available here.
1.2. Proposal on the harmonization of national registers of packaging producers
On 6 August 2026, the European Commission launched a call for evidence on rules concerning national registers of producers under the PPWR, with the aim of harmonising certain aspects of extended producer responsibility schemes across the EU.
The initiative aims to establish common rules on the registration of producers in national registers and their reporting obligations towards the relevant national schemes, thereby contributing to a more consistent application of extended producer responsibility requirements across Member States.
The public consultation period on the draft legislative act will end on 10 September 2026.
1.3. The Regulation on circularity in the automotive sector entered into force
On 13 August 2026, Regulation 2026/1738 on circularity requirements for vehicle design and on management of end-of-life vehicles entered into force.
More information on this regulation can be found in Environment Flash No. 7/2025, available here, Environment Flash No. 9/2025, available here, and Environment Flash No. 1/2026, available here.
1.4. New public consultations by the European Commission on the implementation of the PPWR
On 14 August 2026, the European Commission launched a series of public consultations concerning various initiatives undertaken pursuant to Article 7 of the PPWR.
The initiatives concern:
- the calculation and verification of the recycled content recovered from post-consumer plastic waste recycled and collected in the EU, as well as the format of the relevant technical documentation;
- sustainability criteria for plastic recycling technologies;
- the methodology for assessing, verifying and certifying the equivalence of the rules applied where recycled content recovered from post-consumer plastic waste is recycled or collected in a third country.
Interested parties may submit feedback on these initiatives by 16 September 2026.
1.5. European Commission proposes facilitating shipments of certain waste between Member States
On 18 August 2026, the European Commission published two draft delegated regulations amending and supplementing Regulation 2024/1157 on shipments of waste, aimed at facilitating shipments of certain waste for recovery between Member States.
The proposals provide, among others, for extending the green list to certain non-hazardous waste, including certain electrical and electronic waste, textile waste, construction and demolition waste, mattresses and metal waste from end-of-life vehicles, as well as setting a maximum threshold of 10% of the consignment’s weight for the contamination of glass waste with other types of waste in order for it to qualify as green-listed waste.
1.6. European Commission published updated FAQs on the implementation of the EUDR
On 21 August 2026, the European Commission published an updated set of FAQs on the implementation of the EU Deforestation Regulation 2023/1115 (“EUDR”).
The FAQs provide, among others, clarifications regarding the obligations of downstream operators and micro and small primary operators, the scope of products covered by the EUDR, due diligence requirements and the use of geolocation data.
More information on the EUDR can be found in Environment Flash No. 11/2025, available here, Environment Flash No. 1/2026, available here, and Environment Flash No. 8/2026, available here.
1.7. European Commission launches consultation on the review of EU ETS
On 25 August 2026, the European Commission launched a consultation on the review of the EU Emissions Trading System (“EU ETS”), covering the maritime and aviation sectors, stationary installations and the market stability reserve.
The review aims, among others, to assess the functioning of the EU ETS and identify potential amendments to support the achievement of the EU’s climate targets.
More information on previous developments concerning the EU ETS can be found in NNDKP’s Environment Flash No. 5/2026, available here.
2. NATIONAL DEVELOPMENTS SELECTION
2.1. Proposed amendments to the deposit-return system for non-reusable primary packaging
On 3 August 2026, the Ministry of Environment, Water and Forestry (“MEWF”) launched for public consultation a draft Government Decision amending Government Decision 1074/2021 on the establishment of the deposit-return system for non-reusable primary packaging (“GD 1074/2021”).
The proposed amendments primarily concern matters relating to the unclaimed deposits.
Subsequently, on 28 August 2026, the draft was subject to a public debate organised by MEWF.
2.2. Draft order amending the methodology for determining appropriate distances from potential sources of risk
On 7 August 2026, the MEWF launched for public consultation a draft order amending the methodology for determining appropriate distances from potential sources of risk at SEVESO sites falling within the scope of Law 59/2016 on the control of major accident hazards involving dangerous substances.
The draft proposes, among others, to amend the rules applicable to the construction or extension of investment projects in the vicinity of such sites, as well as to replace the existing territorial compatibility matrix with two new matrices, applicable depending on the availability of a built alternative.
2.3. Legislative proposal on the boundaries of some protected natural areas remains unchanged following re-examination
On 13 August 2026, the President of Romania requested the re-examination of the legislative proposal supplementing GEO No. 57/2007 on the regime of protected natural areas and amending Law No. 292/2018 on the assessment of the effects of certain public and private projects on the environment.
Subsequently, following the re-examination, the proposal was adopted by both chambers of Parliament without any amendments to the version sent for promulgation in 2025.
The initiative provides, among others, for the possibility to remove certain areas from protected natural areas for hydropower facilities, and for certain exemptions from the environmental impact assessment regime for projects concerning national defence and security, as well as for existing electricity generation or transmission facilities located within protected areas.
2.4. Proposal to supplement the national framework on waste shipments
On 19 August 2026, the draft GD supplementing GD No. 788/2007 laying down measures for the implementation of the rules on waste shipments entered the interinstitutional consultation and endorsement procedure.
The draft provides, among others, for the mandatory use of the Digital Waste Shipment System (“DIWASS”) by competent authorities and economic operators involved in waste shipments, as well as the designation of the National Agency for Environment and Protected Areas as the national competent authority for DIWASS and of the National Environmental Guard as the control authority.
2.5. The Land Planning, Urban Planning and Construction Code entered into force
On 25 August 2026, Law 169/2026 on the Land Planning, Urban Planning and Construction Code entered into force.
Among the environmental law aspects of relevance are, by way of example, provisions concerning protected areas, noise protection, the sustainability of constructions, as well as procedural matters relevant to environmental assessments carried out at the strategic planning and construction phases of a project.
2.6. The National Strategy and Action Plan for biodiversity conservation 2026–2030 entered into force
On 28 August 2026, Law No. 184/2026 approving the National Strategy and Action Plan for biodiversity conservation 2026–2030 was published in the Official Gazette No. 722, and on 31 August 2026 it entered into force.
More information on this legislative package can be found in Environment Flash No. 6/2026, available here, and in Environment Flash No. 8/2026, available here.
2.7. The national Catalogue of priority areas for biodiversity entered into force
On 31 August 2026, Order No. 1786/2026 approving the national Catalogue of priority areas for biodiversity was published in the Official Gazette no. 726 and entered into force on the same day.
The Catalogue designates the priority areas for biodiversity (“ZPB”) throughout Romania. It will be supplemented by the final substantiation forms for the ZPBs, together with the GIS-format mapping documentation, which will be published on the website of the MEWF within 15 days from the date of entry into force of the Catalogue.
Both EU and national developments are listed chronologically.
The Romanian version of this newsletter is available here.
