COUNCIL REGULATION (EEC) No 1836/93 of 29 June 1993 allowing voluntary participation by companies in the industrial sector in a Community eco-management and audit scheme
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the objectives and principles of the Community's environment policy, as set out in the Treaty and detailed in the resolution of the Council of the European Communities and the representatives of the Governments of the Member States, meeting within the Council of 1 February 1993 on a Community programme of policy and action in relation to the environment and sustainable development (4), as well as in the preceding resolutions of 1973 (5), 1977 (6), 1983 (7) and 1987 (8) on a policy and action programme of the Community regarding the protection of the environment are, in particular, to prevent, reduce and as far as possible eliminate pollution, particularly at source on the basis of the polluter pays principle, to ensure sound management of resources and to use clean or cleaner technology;
Whereas Article 2 of the Treaty, as it will read according to the Treaty on the European Union signed at Maastricht on 7 February 1992, stipulates that the Community shall have among its tasks to promote throughout the Community sustainable growth and the Council resolution of 1 February 1993 stresses the importance of such sustainable growth;
Whereas the programme 'Towards Sustainability', presented by the Commission and approved as to its general approach by the Council resolution of 1 February 1993, underlines the role and responsibilities of companies, both to reinforce the economy and to protect the environment throughout the Community;
Whereas industry has its own responsibility to manage the environmental impact of its activities and should therefore adopt a pro-active approach in this field;
Whereas this responsibility calls for companies to establish and implement environmental policies, objectives and programmes and effective environmental management systems; whereas companies should adopt an environmental policy which, in addition to providing for compliance with all relevant regulatory requirements regarding the environment, must include commitments aimed at the reasonable continuous improvement of environmental performance;
Whereas the application of environmental management systems by companies shall take acccount of the need to ensure awareness and training of workers in the establishment and implementation of such systems;
Whereas environmental management systems should include environmental auditing procedures to help management assess compliance with the system and the effectiveness of the system in fulfilling the company's environmental policy;
Whereas the provision of information to the public, by companies, on the environmental aspects of their activities is an essential element of good environmental management and a response to the growing interest of the public in information on this subject;
Whereas companies should therefore be encouraged to produce and disseminate periodic environmental statements containing information for the public on the factual environmental situation in their industrial sites and on their environmental policies, programmes, objectives and management system;
Whereas the transparency and credibility of companies' activities in this field are enhanced when the companies' environmental policies, programmes, management systems, audit procedures and environmental statements are examined to verify that they meet the relevant requirements of this Regulation and when the environmental statements are validated by accredited environmental verifiers;
Whereas it is necessary to provide for an independent and neutral accreditation and supervision of environmental verifiers in order to ensure the credibility of the scheme;
Whereas companies should be encouraged to participate in such a scheme on a voluntary basis; whereas, in order to ensure an equal implementation of the scheme throughout the Community, the rules, procedures and essential requirements have to be the same in each Member State;
Whereas a Community eco-management and audit scheme should at the first stage focus on the industrial sector where environmental management systems and environmental auditing are already practised; whereas it is desirable to apply on an experimental basis similar provisions to sectors outside industry such as the distributive trades and the public service;
Whereas, in order to avoid unjustified burdens on companies and to ensure consistency between the Community scheme and national, European and international standards for environmental management systems and audits, those standards recognized by the Commision according to an appropriate procedure shall be considered as meeting the corresponding requirements of this Regulation and companies should not be required to duplicate the relevant procedures;
Whereas it is important that small and medium-sized companies participate in the Community eco-management and audit scheme and that their participation should be promoted by establishing or promoting technical assistance measures and structures aimed at providing such firms with the expertise and support needed;
Whereas the Commission should, according to a Community procedure, adapt the Annexes to this Regulation, recognize national, European and international standards for environmental management systems, establish guidelines for setting the environmental audit frequency and promote collaboration between Member States regarding the accreditation and supervision of environmental verifier;
Whereas this Regulation should be revised in the light of experience gained after a certain period of operation,
HAS ADOPTED THIS REGULATION:
Article 1
The eco-management and audit scheme and its objectives 1. A Community scheme allowing voluntary participation by companies performing industrial activities, hereinafter referred to as the 'Community eco-management and audit scheme' or 'the scheme', is hereby established for the evaluation and improvement of the environmental performance of industrial activities and the provision of the relevant information to the public.
2. The objective of the scheme shall be to promote continuous improvements in the environmental performance of industrial activities by:
(a) the establishment and implementation of environmental policies, programmes and management systems by companies, in relation to their sites;
(b) the systematic, objective and periodic evaluation of the performance of such elements;
(c) the provision of information of environmental performance to the public.
3. The scheme shall be without prejudice to existing Community or national laws or technical standards regarding environmental controls and without prejudice to the duties of companies under those laws and standards.
Article 2
Definitions For the purposes of this Regulation:
(a) environmental policy shall mean the company's overall aims and principles of action with respect to the environment including compliance with all relevant regulatory requirements regarding the environment;
(b) environmental review shall mean an initial comprehensive analysis of the environmental issues, impact and performance related to activities at a site;
(c) environmental programme shall mean a description of the company's specific objectives and activities to ensure greater protection of the environment at a given site, including a description of the measures taken or envisaged to achieve such objectives and where appropriate the deadlines set for implementation of such measures;
(d) environmental objectives shall mean the detailed goals, in terms of environmental performance, which a company sets itself;
(e) environmental management system shall mean that part of the overall management system which includes the organizational structure, responsibilities practices, procedures, processes and resources for determining and implementing the environmental policy;
(f) environmental audit shall mean a management tool comprising a systematic, documented, periodic and objective evaluation of the performance of the organization, management system and processes designed to protect the environment with the aim of:
(i) facilitating management control of practices which may have impact on the environment;
(ii) assessing compliance with company environmental policies;
(g) audit cycle shall mean the period of time in which all the activities in a given site are audited, according to the requirements of Article 4 and Annex II, on all the relevant environmental aspects mentioned in Annex I.C;
(h) environmental statement shall mean a statement prepared by the company in line with the requirements of this Regulation and, in particular, of Article 5;
(i) industrial activity shall mean any activity listed under sections C and D of the classification of economic activities in the European Community (NACE rev. 1) as established by Council Regulation (EEC) No 3037/90 (9), with the addition of electricity, gas, steam, and hot water production and the recycling, treatment, destruction or disposal of solid or liquid waste;
(i) company shall mean the organization which has overall management control over activities at a given site;
(k) site shall mean all land on which the industrial activities under the control of a company at a given location are carried out, including any connected or associated storage of raw materials, by-products, intermediate products, end products and waste material, and any equipment and infrastructure involved in the activities, whether or not fixed:
(l) auditor shall mean a individual or a team, belonging to company personnel or external to the company, acting on behalf of company top management, possessing, individually or collectively, the competencies referred to in Annex II paragraph C and being sufficiently independent of the activities they audit to make an objective judgement;
(m)accredited environmental verifier shall mean any person or organization independent of the company being verified, who has obtained accreditation, in line with the conditions and procedures referred to in Article 6;
(n) accreditation system shall mean a system for the accreditation and supervision of environmental verifiers operated by an impartial institution or organization designated or created by the Member State, with sufficient resources and competency and having appropriate procedures for performing the functions defined by this Regulation for such a system;
(o) competent bodies shall mean the bodies designated by Member States, in line with Article 18, to perform the tasks mentioned in this Regulation.
Article 3
Participation in the scheme The scheme is open to companies operating a site or sites where an industrial activity is performed. In order for a site to be registered in the scheme the company must:
(a) adopt a company environmental policy, in accordance with the relevant requirements in Annex I, which, in addition to providing for compliance with all relevant regulatory requirements regarding the environment, must include commitments aimed at the reasonable continuous improvement of environmental performance, with a view to reducing environmental impacts to levels not exceeding those corresponding to economically viable application of best available technology;
(b) conduct an environmental review of the site on the aspects referred to in Annex I, part C;
(c) introduce, in the light of the results of that review, an environmental programme for the site and an environmental management system applicable to all activities at the site. The environmental programme will be aimed at achieving the commitments contained in the company environmental policy towards continuous improvement of environmental performance. The environmental management system must comply with the requirements of Annex I;
(d) carry out, or cause to be carried out, in accordance with Article 4, environmental audits at the sites concerned;
(e) set objectives at the highest appropriate management level, aimed at the continuous improvement of environmental performance in the light of the findings of the audit, and appropriately revise the environmental programme to enable the set objectives to be achieved at the site;
(f) prepare, in accordance with Article 5, an environmental statement specific to each site audited. The first statement must also include the information referred to in Annex V;
(g) have the environmental policy, programme, management system, review or audit procedure and environmental statement or statements examined to verify that they meet the relevant requirements of this Regulation and the environmental statements validated in accordance with Article 4 and Annex III;
(h) forward the validated environmental statement to the competent body of the Member State where the site is located and disseminate it as appropriate to the public in that State after registration of the site in question in accordance with Article 8.
Article 4
Auditing and validation 1. The internal environmental audit of a site may be conducted by either auditors belonging to the company or external persons or organizations acting on its behalf. In both cases the audit shall be performed in line with the criteria set out in part C of Annex I and in Annex II.
2. The audit frequency shall be determined in accordance with the criteria set out in Annex II H on the basis of guidelines established by the Commission in accordance with the procedure laid down in Article 19.
3. The environmental policies, programmes, management systems, reviews or audit procedures and the environmental statements shall be examined to verify that they meet the requirements of this Regulation, and the environmental statements shall be validated, by the independent accredited environmental verifier, on the basis of Annex III.
4. The accredited environmental verifier must be independent of the site's auditor.
5. For the purposes of paragraph 3 and without prejudice to the competence of the enforcement authorities in the Member States with regard to regulatory requirements, the accredited environmental verifier shall check:
(a) whether the environmental policy has been established and if it meets the requirements of Article 3 and the relevant requirements in Annex I;
(b) whether an environmental management system and programme are in place and operational at the site and whether they comply with the relevant requirements in Annex I;
(c) whether the environmental review and audit are carried out in accordance with the relevant requirements in Annex I and II;
(d) whether the data and information in the environmental statement are reliable and whether the statement adequately covers all the significant environmental issues of relevance to the site.
6. The environmental statement shall be validated by the accredited environmental verifier only if the conditions referred to in paragraphs 3 to 5 are met.
7. External auditors and accredited environmental verifiers shall not divulge, without authorization from the company management, any information or data obtained in the course of their auditing or verification activities.
Article 5
Environmental statement 1. An environmental statement shall be prepared following in initial environmental review and the completion of each subsequent audit or audit cycle for every site participating in the scheme.
2. The environmental statement shall be designed for the public and written in a concise, comprehensible form. Technical material may be appended.
3. The environmental statement shall include, in particular, the following:
(a) a description of the company's activities at the site considered;
(b) an assessment of all the significant environmental issues of relevance to the activities concerned;
(c) a summary of the figures on pollutant emissions, waste generation, consumption of raw material, energy and water, noise and other significant environmental aspects, as appropriate;
(d) other factors regarding environmental performance;
(e) a presentation of the company's environmental policy, programme and management system implemented at the site considered;
(f) the deadline set for submission of the next statement;
(g) the name of the accredited environmental verifier.
4. The environmental statement shall draw attention to significant changes since the previous statement.
5. A simplified environmental statement shall be prepared annually in intervening years, based as a minimum on the requirements set out in paragraph 3 (c) and drawing attention where appropriate to significant changes since the previous statement. Such simplified statements will require validation only at the end of the audit or audit cycle.
6. The annual preparation of environmental statements will, however, not be required for sites:
- where the accredited environmental verifier considers, in particular in the case of small and medium-sized enterprises, that the nature and scale of the operations at the site are such that no further environmental statement is required until completion of the next audit, and
- where there have been few significant changes since the last environmental statement.
Article 6
Accreditation and supervision of environmental verifiers 1. Member States shall each establish a system for the accreditation of independent environmental verifiers and for the supervision of their activities. To this end, Member States may either use existing accreditation institutions or the competent bodies referred to in Article 18, or designate or set up any other body with an appropriate status.
Member States shall ensure that the composition of these systems is such as to guarantee their independence and neutrality in the execution of their tasks.
2. Member States shall ensure that these systems are fully operational within 21 months following the date of entry into force of this Regulation.
3. Member States shall ensure appropriate consultation of parties involved, in setting up and directing the accreditation systems.
4. The accreditation of environmental verifiers and supervision of their activities shall be in accordance with the requirements of Annex III.
5. Member States shall inform the Commission of the measures taken pursuant to this Article.
6. The Commission shall, in accordance with the procedure laid down in Article 19, promote collaboration between Member States in order in particular to:
- avoid inconsistency between the criteria, conditions and procedures they apply for the accreditation of environmental verifiers,
- facilitate the supervision of the activities of environmental verifiers in Member States other than those where they have obtained their accreditation.
7. Environmental verifiers accredited in one Member State may perform verification activities in any other Member State, subject to prior notification to, and subject to supervision of, the accreditation system of the Member State where the verification takes place.
Article 7
List of accredited environmental verifiers The accreditation systems shall establish, revise and update a list of acredited environmental verifiers in each Member State and shall communicate this list every six months to the Commission.
The Commission shall publish an overall Community list in the Official Journal of the European Communities.
Article 8
Registration of sites 1. The competent body shall register a site and give it a registration number once it has received a validated environmental statement and any registration fee that may be payable under Article 11 and it is satisfied that the site meets all the conditions of this Regulation. It shall inform the site management that the site appears on the register.
2. The competent body shall update the list of sites referred to in paragraph 1 annually.
3. If a company fails to submit a validated environmental statement and registration fee to the competent body within three months of being required to do so or if at any time the competent body concludes that the site is no longer complying with all the conditions of this Regulation, the site shall be deleted from the register and the site management shall be so informed.
4. If a competent body is informed by the competent enforcement authority of a breach at the site of relevant regulatory requirements regarding the environment, it shall refuse registration of that site or suspend it from the register as the case may be and inform the site management thereof.
Refusal or suspension shall be lifted if the competent body has received satisfactory assurances from the competent enforcement authority that the breach has been rectified and that satisfactory arrangements are in place to ensure that it does not recur.
Article 9
Publication of the list of registered sites The competent bodies directly, or via the national authorities as decided by the Member State concerned, shall communicate to the Commission before the end of each year the lists referred to in Article 8 and updates thereof.
Each year the Commission shall publish in the Official Journal of the European Communities a list of all the registered sites in the Community.
Article 10
Statement of participation 1. Companies may use for their registered site(s), one of the statements of participation listed in Annex IV, which are designed to bring out clearly the nature of the scheme.
The graphic may not be used without one of the accompanying statements of participation.
2. The names of the site(s) must be given where appropriate with the statement of participation.
3. The statement of participation may not be used to advertise products, or on the products themselves or on their packaging.
Article 11
Costs and fees A system of fees in accordance with modalities established by Member States may be set up for the administrative costs incurred in connection with the registration procedures for sites and the accreditation of environmental verifiers and the promotional costs of the scheme.
Article 12
Relationship with national, European and international standards 1. Companies implementing national, European or international standards for environmental management systems and audits and certified, according to appropriate certification procedures, as complying with those standards shall be considered as meeting the corresponding requirements of this Regulation, provided that:
(a) the standards and procedures are recognized by the Commission acting in accordance with the procedure laid down in Article 19;
(b) the certification is undertaken by a body whose accreditation is recognized in the Member State where the site is located.
The references of the recognized standards and criteria shall be published in the Official Journal of the European Communities.
2. To enable such sites to be registered under the scheme, the companies concerned must in all cases meet the requirements regarding the environmental statement in Articles 3 and 5 including validation and the requirements in Article 8.
Article 13
Promotion of companies' participation, in particular of small and medium-sized enterprises 1. Member States may promote companies' participation in the eco-management and audit scheme, in particular the participation of small and medium-sized enterprises, by establishing or promoting technical assistance measures and structures, aimed at providing such firms with the expertise and support needed in order to comply with the rules, conditions and procedures defined by this Regulation and, in particular, to set up environmental policies, programmes and management systems, conduct audits and prepare and validate statements.
2. The Commission shall present appropriate proposals to the Council aiming at greater participation in the scheme by small and medium-sized enterprises, in particular by providing information, training and structural and technical support, and concerning auditing and verification procedures.
Article 14
Inclusion of other sectors The Member States may, on an experimental basis, apply provisions analogous to the eco-management and audit scheme to sectors outside industry, e.g. the distributive trades and public service.
Article 15
Information Each Member State shall ensure by appropriate means that:
- companies are informed of the content of this Regulation,
- the public is informed of the objectives and principal arrangements of the system.
Article 16
Infringements Member States shall take appropriate legal or administrative measures in case of non-compliance with the provisions of this Regulation.
Article 17
Annexes The Annexes to this Regulation shall be adapted by the Commission, acting in accordance with the procedure of Article 19 in the light of experience gained in the operation of the scheme.
Article 18
Competent bodies 1. Within 12 months of the entry into force of this Regulation, each Member State shall designate the competent body responsible for carrying out the tasks provided for in this Regulation, particularly in Articles 8 and 9, and shall inform the Commission thereof.
2. Member States shall ensure that the composition of the competent bodies is such as to guarantee their independence and neutrality, and that the competent bodies apply the provisions of this Regulation in a consistent manner. The competent bodies shall, in particular, have procedures for considering observations from interested parties concerning registered sites, or deletion or suspension of sites from registration.
Article 19
Committee 1. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.
2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.
(b) If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If the Council has not acted within three months of the date of referral to it, the proposed measures shall be adopted by the Commission.
Article 20
Revision Not more than five years after the entry into force of this Regulation, the Commission shall review the scheme in the light of the experience gained during its operation and shall, if necessary, propose to the Council the appropriate amendments, particularly concerning the scope of the scheme and the possible introduction of a logo.
Article 21
Entry into force This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply 21 months after publication.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 29 June 1993.