Environmental Delegated Regulation 2023/2486

Commission Delegated Regulation (EU) 2023/2486 of June 27, 2023, supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing technical review criteria for determining the conditions under which an economic activity is characterized as significantly contributing to the sustainable use and protection of water and marine resources, the transition to circular economy, the prevention and control of pollution or the protection and restoration of biodiversity and ecosystems, and to determine whether this economic activity does not significantly interfere with the fulfillment of any of the other environmental objectives, and which amends Commission Delegated Regulation (EU) 2021/2178 as regards specific publishing information about these economic activities

This regulation enters into force on the twentieth day after its publication in the Official Journal of the European Union. It applies from 1 January 2024.

This regulation provides technical review criteria to identify economic activities that they contribute significantly to achieve the EU's environmental goals. These objectives are:

• Sustainable use and protection of water and marine resources
• Transition to circular economy
• Pollution prevention and control
• Protection and restoration of biodiversity and ecosystems

The regulation emphasizes the importance hierarchy of waste management in the circular economy, prioritizing waste prevention, preparation for reuse and recycling. At the same time, it emphasizes the role digital solutions, such as digital product passports, in improving material traceability and transparency in environmental monitoring.

The regulation introduces specific criteria for various categories of economic activities in Annexes I to IV. Criteria are defined for each activity "significant contribution" a "not significantly disturb". The "do not significantly disturb" criteria ensure that activities do not significantly threaten the achievement of other environmental objectives.

The Regulation also amends Commission Delegated Regulation (EU) 2021/2178 to take into account expanded scope of information disclosure on economic activities contributing to environmental goals. At the same time, changes are being introduced to address technical and legal inconsistencies in Delegated Regulation (EU) 2021/2178.

The important thing is that the regulation allows gradual application, so that businesses have enough time to assess their activities and fulfill their reporting obligations. Regulation will be regularly reviewed and amended where necessary to take into account developments in science, technology and policy.

The regulation is extensive and comprehensive and contains detailed technical criteria for a wide range of activities.

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