Amended proposal for a COUNCIL REGULATION (EEC) allowing voluntary participation by companies in the industrial secto rin a Community Eco-Management and Audit Scheme
Date: 1993-03-16
Institutions: European Commission
Subjects: EU policy, environmental protection, management audit, management information system, secondary sector, type of business

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(93) 97 final 

Brussels, 16 March 1993 

Amended proposal  for a 

çn^ll  REGULATION (EEC) 

allowing voluntary participation by coapanles In tna 
Industrial aactor In a Conminlty Eco-Uanagenant and Audit Scnoao 

(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 

-  1 -

Explanatory Memorandum 

In March  1992  the Commission  put  forward  a  proposal  for  a  Council 
Regulation  allowing  voluntary  participation  by  companies  In  the 
Industrial sector In a Community Eco-Audlt Scheme. 

The new Regulation would create a Community-wide Scheme to promote the 
introduction  by  companies  in the  industrial  sector  of  environmental 
policies  and  objectives,  the  establishment  of  site  specific 
environmental  programmes  and management  systems  and  the  provision of 
validated environmental statements to the public. 

At  Its 300th Plenary Session on 21 and 22 October  1992. the Economic 
and Social Committee adopted the opinion of  its Section for Protection 
of  the Environment, Public Health and Consumer  efforts, approving the 
alms and principles of the Commission's proposal. 

At  Its  Plenary  Session  on  19  January  1993  the  European  Parliament 
approved  the  proposal  with  a  total  of  75  amendements. The  alms and 
principles of 51 amendments have been accepted by  the Commission. The 
others are considered  to be  incompatible  with  the objectives or with 
the approach of the proposal, or to Involve major practical, technical 
or  legal problems. 

The acceptable amendments help to reinforce or clarify soma aspects of 
the proposal»  In particular to: 

better  reflect  the objectives  and  contents of  the  scheme  In the 
terminology used (in particular the name of the Scheme); 

specify  the relationships of  this scheme with  the standardization 
and certification in the field of environmental  management  systems 
and audit; 

introduce the requirement of an annual environmental statement; 

specify  in  more  detail  the  information  to  be  provided  to  the 
public; 

specify  the  criteria  for  the  accreditation  of  environmental 
verifiers; 

introduce a Committee  to assist  the Commission  in  its tasks under 
this Regulation. 

The majority of  the unacceptable  amendments would,  in effect, require 
substantial  changes  in the nature of  the proposed  Regulation. This is 
the case,  in particular, of those amendments  requiring  the enlargement 
of the scope of this scheme beyond the industrial sector. 

-  2  -

radical  technical  or 

Some  unacceptahle  amendments  Involve  major  P 
,egal  problems.  This:  • • • £ , " « * • » *• applicable or the g 
derogations from regulatory requ. 
f.nancla. aids to companies. 

^s 

£ ? f t ' 2! 

lncorpor«ted  Into 

^ 5 . 11  »rch.t.ctur. o ' ^ n ' ^ nS  pr.etlc.l constraints. 
various relevant legal, teenn 

f o l l o ws  „,th amendments 

accepted by the Con-lsston alongsi 

ORIGINAL TEXT 

AMENDED TEXT 

Proposal for a Council 
regulation  (EEC) allowing 
voluntary participation toy 
companies in the industrial 
sector in a Community Eco-
Audit Scheme 

THE COUNCIL OF THE  EUROPEAN COMMUNITIES, 

Having  regard  to  the  Treaty  establishing the  European 
Economic  Community,  and  in  particular  Article  130$ 
thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

Having  regard 
Parliament, 

to  the  opinion  of  the  European 

Having  regard  10  the  opinion  of  the  Economic  and 
Social  Committee, 

Proposal for a council 
regulation  (EEC) allowing 
voluntary participation by 
companies in the industrial 
sector in a Community Eco-
Management and Audit Scheme 

(Consequently, in the 
following sections the words 
«Eco-audit scheme** are 
replaced toy **JBco-Manaaement 
flirt ftudlt scheme**: 

Art. 1(1); Art* 1(2) first 
subpara.; Art. 3, title and 
para 1; Art. 3(2); Art. 5(1); 
Art. 9, title and para 1; Art. 
9  (2) ; Art. 11, title and para 
1; Art. 12, title and para 1; 
Art. 12(1) (c); Art. 12 (2); 
Art. 13, para it Annex 1(C), 
second para and last parai 
Annex ifBli Annex TTfBWaî: 
Annex m.  title and para it 
and. Annex TIT- first, second 
and third indent.  (Réf. EP 
Amendment No* 1) 

1.  Whereas the Treaty on 
European  Union  states, in 
Article 2, that the Community 
shall have  among  its tasks to 
promote  sustainable growth and 
the Fifth  Action  Programme 
"Towards  Sustainability" 
stresses the importance of 
such sustainable  growth; 
(Réf. EP Amendment  No. 3) 

OI1GINAJLTEXT 

AMJmDE&TEXT 

Whereas tike objectives of the C o m m u a is environment 
polsy,  as  «et  out  in  die  Treaty  and  detailed  ia  the 
European  Community**  action  programmes  «a  die 
environment  for  1973 Q.  **" W 7 7 0.  **  1 9 S 30  *** 
for 1987 O» «««• »  ï>arocular, to prevent, reduce and as 
tax as possible Himinau* pollution, particularly at source, 
and  ensure  sound  management  of  caw  material 
resources, on  the basis of  the polluter pays principle; 

Numbered  as  2. 
Amendment  No.  2) 

(Ref. 

EP 

Whereas,  ia  particular,  die  fourth  Community  action 
programme oa  the  environment  htghughts die  need  to 
develop a  more  integrated  policy on  pollution control; 

Numbered as 3*  (Ref, 
Amendment No. 2) 

EP 

4,  Whereas  in  t he  F i f th 
Action  Programme  «Towards 
Sustainabilitv**  t he  r o le  and 
r e s p o n s i b i l i t i es  of  companies 
e re  underXlftefl,  ftQtll  "fro 
reinforce  XJ^.SSSDSiSB^MSâJfcg* 
p r o t e ct  t he  environment, 
throndhont  t he  Community* 
(Ref.  EP  Amendment  No.  4) 

Numbered  as  5. 
Amendment  No.  2) 

(Ref. 

EP 

Whereas  die  Council  declared,  ia  its  resolution  of 
19  October  19*7  ronocramg  die  fourth  action 
the  euvuonmcnt Q,  «bat  A  was 
programme  oa 
important, while observing die tespective powers of  the 
Communie/  and  die  Member  States,  for  Community 
acdoa  to  concentrate  oa  Tfrre*n  pontic/  areas, 
particularly  improved  arrfTf  to 
infocmatioa  oa  die 
environment; whereas die European Parliament stressed, 
ia  its opimoa  oa  die  same  actioa  programme (*),  dut 
access to information for att otust be made possible by a 
specific Community programme; 

Whereas the Council  adopted  Directive 90/313/EEC of 
7 June 1990 on the freedom of  access to information on 
the environment O; 

Numbered  as  6. 
Amendment  No.  2) 

(Ref.  EP 

ORIGINAL TCXT 

AMEHOEDTEKT 

7.  Whereas IndustoLt-ln 
particular, has itg-ffl«n 
responsibility to manage, the 
environmental aspects of Its 
activities and it should 
therefore adopt a proactive 
approach in this field, in 
particular bv assessing the 
environmental and health 
effects of its activities and 
identifying  ways  to 
drastically reduce those 
effects in the short, medium 
and longer term as 
appropriate; 
Amendment  No.  5) 

(Ref-  *& 

Numbered as 8.  (Ref. 
Amendment No. 2) 

EP 

Whereas  companies,  ia  particular industrial companies, 
are  faced  with  constantly  growing,  far-corning  and 
letpotwiwBdes  «dated  ta  die 
complex  tasks  aad 
•tsetsmeaw  control,  prcvauioa  or  reducdoa  of  the 
environmental impact of their activities; 

Whereas 
these  tasks  and  responsibilities  call  for 
companies to establish effective environmental protection 
systems; 

Numbered as 9.  (Ref. 
Amendment No. 2) 

EP 

Whereas  the  application  of  environmental  protection 
systems by companies cannot be separated from  the need 
to  ensure  appropriate  participation  by  workers  in  the 
establishment  and  implementation  of  such  systems  and 
from  the  need  to  promote  greater  protection  of  the 
safetv  and  health  of  workers; 

Whereas  the  use  of  environmental  auditing  techniques, 
within  ihe  framework  of  such  environmental  protection 
the  systematic, 
is  particularly 
systems, 
environmental 
objective 
regular 
and 
performances 
such 
of 
and 
peifoimances; 

for 
of 
improvement 

important 
evaluation 

facilitates 

10.  Whereas the application 
of environmental protection 
systems by companies cannot be 
separated from the need to 
ensure the widest involvement 
of the company's personnel in 
the establishment and 
implementation of such systems 
and from the need to promote 
greater protection of the 
safety and health of workers; 
(Ref. EP Amendment No. 6) 

N u m b e r ed  as  1 1. 
Amendment  N o.  2) 

( R e f.  EP 

OMGINAI.TEXT 

AMENDED T E XT 

Whereas the establishment of  cmnronmcatal protection 
systems and die use of  environmental  aodking ia this 
context are more advanced in the industrial sector; 

12*. Whereas the establishment 
of environmental management 
systems and the use of 
environmental auditing in this 
context are already more 
advanced in the industrial 
sector which is therefore the 
immediate priority for tfrjs 
Regulation and whereas it is 
highly desirable to promote by 
pilot experiences similar 
practices  a l so  in  non-
industrial  a c t i v i t i e s,  such  as 
services,  administration, 
transport  e t c: 
(Ref.  EP 
Amendment  No.  7) 

13.  Whereas  the  diffusion  of 
environmental  management 
systems,  including  auditing 
techniques,  must  in  particular 

in 

sector  in  order  to  prevent  or 
l i m it  the  growth  of  i ts  impact 
on  the  environment, 
particular  as  a  p o s s i b le 
consequence  of  t he  s i n g le 
market,  and  in  public 
administrations,  which  should 
s et  an  example,  so  t h at  these 
sectors  represent  p r i o r i t i es 
for  the  future  development  of 
t h is  scheme: 
Amendment  No.  8) 

(Ref.  EP 

Whereas the public is showing growing interest in infor 
mation  about  the  environmental  performances  of 
companies; 

Numbered as 14. 
Amendment No. 2) 

(Ref.  EP 

15.  Whereas  t he  provision  of 
information  to  t he  p u b l ic  by 
companies  is  an  e s s e n t i al 
element  of  good  environmental 
management ; 
Amendment  No.  9) 

(Ref.  EP 

ORIGINAL T E XT 

A M E N D E»  T E XT 

Whereas camomucctal auditing, implemented vrithin an 
@ppxopna«e framciroek. can provide both aa «jsectm 
©ôoi  to  improve  the  environmental  petfbossaaoes  of 
companies and a solid basis for company policy on mfor-
snatioa tor, and couaborarioa with, die public; 

Whereas  the  introduction  of  a  flenbie  Community 
scheme  for  the  evaluation  and  improvement  of  the 
earixoamental pcrCorminrr of  certain activities would 
also sdmukte further developments ia areas such as staa-
dttdrratioo aad certification  of  internai environmental 
management systems; 

Whereas  it  is  therefore  necessary  and  appropriate  to 
introduce  environmental 
encourage  companies  to 
protection systems tnchtdmg audit programmes and to 
promote systematic sound mfbrmation for die public on 
companies* 
policy,  programmes, 
management and performance and, in particular, on the 
link between health and the environment; 

environmental 

Whereas  the  best  means  of  achieving  this  end  is  to 
establish  a  Community 
scheme  allowing  voluntary 
participation  by  companies; 

Numbered as 16. 
Amendment No. 2) 

( R e f.  EP 

17.  Whereas a flexible 
Community scheme for the 
evaluation and improvement of 
environmental performance 
would also stimulate further 
developments in areas such as 
standardisation and £u£Q£e. 
certification of internal 
environmental management 
systems;  (Ref. EP Amendment 
No. 11) 

is*  *flrereflg  gtanflflgfljgatiçn 
of  environmental  rairaçKarent 
Systems would heln industry to 
feear its own responsibility 
and facilitate comparisons of 
the environmental performance 
of different companies:  (Ref. 
EP Amendment No. 12) 

Numbered  as  19. 
Amendment  No.  2) 

( R e f.  EP 

20.  Whereas a means of 
achieving this end is to 
establish a Community scheme 
encouraging participation by 
companies;  (Ref. EP Amendment 
No. 13) 

ORIGWALTEXT 

AMENDED TEXT 

Whereas  the  aims  of  such  a  scheme  should  be  to 
promote die introduction of effective pcotecdon systems, 
in  the  light  of  initial  comprehensive  and  detailed 
environmental  reviews,  to 
lay  down  the  essential 
requirements  for  environmental  auditing,  within  the 
framework of such protection systems, and to inform the 
public on  the basis,  in  particular, of  the  audit findings, 
about the environmental performances of companies; 

Whereas  it  is  necessary  to  provide  for  independent  vali 
dation,  by  accredited  environmental  auditors,  of 
the 
environmental  statements 
in  order  10 
(or 
guarantee  the  reliability  and  representativeness  of  such 
information; 

the  public, 

for 

Whereas  it  is  necessary  to  establish  the  conditions  and 
procedures 
environmental 
auditois  and  procedures  for  preventing  any  distortion  of 
the  validation  activities  within 
this 
Regulation, 

framework  of 

accreditation 

the 

the 

of 

2JUL  Whereas, fry establishing 
an environmental policy. 
environmental programmes and 
objectives and a management 
system, in accordance to the 
requirements of this schemeT a 
company will be in a better 
position to demonstrate its 
commitment to the environment, 
assess and reduce the impact 
of its activities on the 
environment, implement more 
effectively the environmental 
regulatory reguirements 
applicable, reduce 
environmental risks, 
communicate effectively in the 
field of the environment with 
the authorities and the local 
and general public, and 
improve company's image: 
(Ref. EP Amendment No. 14) 

22.  Whereas, in order to 
achieve sustainable 
development, the "command and 
control" approach is no longer 
sufficient and should be 
gradually replaced bv an 
approach under which 
regulatory constraints and 
controls are complemented bv 
cooperation among companies, 
the authorities and the 
public, and participation and 
joint responsibility of the 
various actors concerned: 
(Ref. EP Amendment No. 15) 

Numbered  as  2 3. 
Amendment  No.  2) 

( R e f.  EP 

Numbered  as  24 . 
Amendment  No.  2) 

(Ref.  EP 

•fsjl "MÂLTEOT 

AMENDED TEXT 

25.  Whereas this Regulation 
could need revision, 
particularly in respect of tfre 
extension of its scope to non-
industrial activities, in the 
light of the experience gained 
in the first years of its 
implementation; whereas, 
therefore, an effective 
procedure is necessary for 
such revision;  (Ref. EP 
Amendment No. 16) 

The Eoo-Manaoement and Audit 
scheme and its objectives 

1.  A Community scheme 
allowing voluntary 
participation by companies 

activities ,s hereinafter 
referred to as the «Eco-
Management and Audit scheme*, 
is established for the 
evaluation and improvement of 
environmental performance of 
industrial activities and the 
provision of the relevant 
information to the public. 
(Ref. EP Amendment No. 18) 

'Wbszzm «his Regulation could need revision, particularly 
of  m  f cope» in the E*jbt of  the experience gamed in the 
first years of  its implementation; whereas, therefore, an 
effective  procedure is necessary for such revision. 

HAS ADOPTED THIS REGULATION: 

Article 1 

The Eco-ttudit scheme and it* objectives 

1.  A  Community  scheme  allowing  voluntary  partici 
pation by industrial companies, hereinafter referred to as 
the  *Eco-audit  scheme*»  is  hereby  established  for  the 
craluatioa  and  improvement  of  die  environmental 
performance of  industrial activities and the provision of 
the relevant information to  the public. 

The  objective  of  the  Eco-audit  scheme  shall  be  to 
environmental 
m 

2. 
the 
improvements 
promote 
performance  of  industrial  activities  by: 

(a)  the  establishment  and 

implementation  of  environ 

mental ^fotection  systems  by  companies; 

ORIGINAL TEXT 

AMENDED TEXT 

I t) 

(b)  the  systematic,  objective  and  periodic  evaluation  of 
the environmental performance of such systems; 

#D% 

the systematic, objective 
and periodic evaluation 
of the performance of 
such systems, including 
assessment and record of 
relevant data such as, in 
particular, those on the 
natural resources and 
energy used, the releases 
of pollutants into the 
air, waters and soils, 
noise levels with the aim 
of  reducing  the 
environmental impact to a 
minimum.  (Ref. EP 
Amendment No. 20) 

(c)  the  provision  of 

information'  on  environmental 

performance to the public 

Article  2 

Definitions 

For the  purposes of  this  Regulation: 

(a)  'environmental  review*  means  an  initial  compre 
hensive  analysis  of  the  environmental  issues,  impact 
and  performance  related  to  activities  at  a  site, 
including  in  particular  the  aspects  referred  to  in 
Annex I; 

(b)  'environmental  protection  system'  means  a  coor 
dinated  set  of  measures  of  various  kinds  aimed  at 
protecting  the  environment; 

(c)  'environmental  policy*  means  a  statement  of  a 
company's  overall  aims  and  principles  of  action  with 
respect to  the  environment; 

(d)  "environmental  management*  means  the  aspects  of 
the  overall  management  function  that  determine  and 
implement  the  envjioiuncmal  policy; 

.TEXT 

11 

AMENDED TEXT 

.."ivtroctncotal  maoagemeat  system*  means  the 
*„, .:gAai2»ôonaî  structure,  responsibilities,  practices,, 
psrooedurcs, 
for 
processes 
implementing eaxnroomental management; 

resources 

and 

*e)  "environmental management 

system®* means 1foat part 

sv^£ejLifhich inclûtes the 
organizational structure, 
responsibilities , 
practices, procedures, 
processes and resources 
for defcejoajninq^an^ 
implementing the 
environmental policy; 
(Ref « EP Amendment No. 
22) 

(f)  'environmental objectives*  means  the  detailed goals, 
in  terms  of  environmental  performance,  which  a 
company sets itself; 

(g)  'environmental  programme*  means  a  description  of 
the  company's  specific  objectives  and  activities  to 
ensure  greater  protection  of  the  environment at  a 
give© site»  induding  a  ascription  of  die  measures 
taken to achieve such objectives and die deadlines set 
for implementation of such measures; 

(h) 'environmental  audit*  means  a  management  tool 
comprising  a  systematic,  documented,  periodic and 
objective  evaluation  of  die  performance  of  the 
organization,  management  system  and  equipment 
designed to protect the environment with the aim of: 

(ï)  facilitating  management  control  of  environ 

mental practices; 

(ii)  assessing  compliance  with  company  policies, 
including  observance  of  the  existing  regulatory 
requirements. 

Environmental  audit  includes  determination  of  the 
factual  data  necessary  to  evaluate  performance; 

(i) 

(() 

s t a t e m e n t'  means 

statement 
'environmental 
prepared 
the 
c o m p a ny 
requirements  of  this  R e g u l a t i on  a n d,  in  particular,  of 
Article  5, 

line  with 

the 

by 

in 

a 

l>  of 

.my  activity 

listed  undei 
'iiuhistri.il  a< I I MC  '  m e a ns 
set u o ns  C  and 
the  classification  of  economic 
activities  in  the  E u r o p e an  C o m m u n i ty  ( N A CL  rev. 
1),  as  established  by  C o u n c il  Regulation  ( E E C)  No 
t he  addition  of  electricity,  gas, 
3 0 3 7 / 90  {'), 
steam  and  hot  «.-.iter  p i o d u c t i o n,  and  the  recycling, 
iiruimeiit,  d e s t i r.  n on  or  disposal  of  solid  or 
liquid 
W J Mf  , 

t>-'ith 

OWGINALTEXT 

AMENDED TEXT 

12 

<k) 'company* means any organization which has direct 
operational control over activities at a given site; 

(1)  'site' means all land on which the industrial activities 
under the control of  a  company at a given location 
are  carried  out,  including  any  connected  or  asso 
ciated storage of  raw  materials, by-products, inter 
mediate products, end-products  and waste material, 
and any equipment and infrastructure involved in the 
activities, whether or not fixed; 

(m) "accredited environmental auditor* means any person 
or organization  who  has obtained  accreditation, in 
fine  with die conditions and procedures referred  to 
in Article 7; 

(n) 'competent bodies* means  the  bodies designated  by 
Member States, in fine with Article  10, to  perform 
the tasks mentioned in this Regulation.' 

Artkk3 

Participation in the Eco-—dit scheme, comrnkments by 
enmpamr» participating, participation procedure 

L.  Companies  operating  any  industrial  activity  may 
participate in the Eco-audit scheme  at  any of  die  sites 
where  such activities  are  performed  by  undertaking  to 
comply with all the rules and conditions and to observe 
all the procedures sot oat m dus Régulation at each site 
involved, and m particular; 

RIGINALTEXT 

AMENDED TEXT 

13 

to establish and  implement, m the  light of  the  results 
of  an  initial  environmental  review,  in  fine  with  die 
criteria  in  Annex  I  and  ensuring  appropriate  partici 
pation  by  workers  and  their  representatives,  an 
environmental  protection  system  applicable  to  all 
activities at the site, 

to  carry out,  or  have carried out,  in compliance  with 
the  criteria  in  Annex  I,  environmental  audits  at  the 
sites  concerned, 

to  examine,  at  the  highest  management  level,  all  the 
findings  of  the  audit  and,  in  the  light  thereof  and 
environmental 
within 
programme,  set  objectives  and  measures  aimed  at 
continuous 
environmental 
performance, 

improvement  of 

framework  of 

their 

their 

the 

to establish and 
implement, in the light 
of the results of an 
initial environmental 
review and. where 
appropriate, of its 
subsequent repetitions, 
in line with criteria in 
Annex X and ensuring the 
widest participation p£ 
workers and their 
representatives, as. 
appropriate on the basis 
of rules and practices in 
force in the Member 
States. an environmental 
protection system 
applicable to all 
activities at the site, 
that complies with the 
relevant requirements set 
out in Annex I of this 
regulation or, as jar as 
the management system is 
concerned, is certified 
according to an 
appropriate çertif jeatjen 
procedure,  as  complying 
with a standard referred 
to in Article 6.2,  (Ref. 
EP Amendment No. 27) 

to examine, at  the 
highest  appropriate 
management  level, all the 
findings of the  audit 
and, in the  light thereof 
and within the  framework 
of their environmental 
programme, set  objectives 
and measures  aimed  at 
continuous  improvement of 
their  environmental 
performance,  (Ref. EP 
Amendment No.  28) 

)RIGINALTEXT 

I  n 

AMENDED TEXT 

to  prepare  an  environmental  statement  specific  to 
each  she  audited  with  the  same  frequency  as  die 
environmental audit, 

to  have  the  environmental  statement  validated  by 
accredited environmental auditors to confirm that the 
data  and  information  contained  therein  are  reliable 
and  that  all  the  significant  environmental  issues  of 
relevance to the site are covered in sufficient detail. 

—  to  submit the environmental statements validated  by 
accredited environmental  auditors  to  the  competent 
body and keep them at the disposal of the public. 

to prepare annually an 
environmental statement 
specific to each site 
audited,  (Ref. EP 
Amendment No. 29) 

to have the environmental 
statements validated by 
accredited environmental 
verifiers, at the time 
when the audit related to 
the period covered bv the 
statements concerned Is 
completed. to confirm 
that the data and 
information contained 
therein are reliable and 
that all the significant 
environmental issues of 
relevance to the site are 
covered in sufficient 
detail,  (Ref. EP 
Amendment No. 30) 

to submit each 
environmental statement 
to the competent body, 
keep them at the disposal 
of the public and, if the 
company provides an 
annual activity report to 
shareholders. include 
them in. or attach them 
to. such a report. 
(Ref 
31) 

EP Amendment No. 

in 

to  participate 

Companies  which  decide 

the 
2. 
Eco-audit  scheme  for  a  given  site  shall,  after  having 
carried  out  an  initial  environmental  review  of  the  site, 
a nd 
established  an  environmental  protection 
prepared  an  environmental  statement,  submit 
first 
•cnvtror.meniâ!  statement  validated  by  an  e n v i r o n m e n t al 
a u d u o ;.  i:viuOtng  ;';.f  m f o r m a u o ii  referred  to  in  Annex 
I V,  to  the  competent  body  referred  to  in  Article  10. 

system, 
the 

T he  commitments  defined  in  this  A r u c le  shall  apply 
t he 
the  framework  of  p o i nt  (a)  of 

to  t he  action  decided  u p on  by 

3. 
without  prejudice 
Member  States  within 
Article  I?  (H 

UGXNALTEXT 

<LB 

AMENDED TEXT 

Article  4 

andardizatioa  of  cuvkoumental  management  systems 

he Commission  shall  request  the  appropriate  European 
jndardization  bodies  to  develop  and  adopt  standards 
•>t  environmental  management  systems  based  on  the 
riteria  in  Annex  I,  taking  into  account  the  objectives, 
rindptes  and  provisions  of  this  Regulation. 

Article 

i 

Environmental  statement 

I.  An  environmental  statement  shall  be  prepared  lor 
a dt  site  participating  in  the  Eco-audit  scheme,  under 
he control of  company iff^i^fjfnvfffff  Pi*d on the basis, in 
particular, of  each  environmental  audit  or,  lor  the  first 
statement, of  the initial environmental  review. It shall  be 
written  specifically 
in  a  concise, 
non-technical  form. 

the  public 

for 

2.  The  environmental  statement  shall 
particular,  the  following  contents: 

include, 

in 

a  description  of  the  company's  activities  at  the  site 
considered. 

—  a  Cci.tilcd  r>>>cssmriu  of  all  the  significant  cr.vnon-
mental  issue* of  relevance  to  the  activities  concerned. 

The Commission shall request 
the European Committee for 
Standardization  (CEN) to 
develop and adopt a standard 
for environmental management 
systems which should take 
account of the objectives, 
principles and provisions of 
this Regulation and be in 
conformity with the relevant 
reguirements in Annexes I and 
II,  (Ref. EP Amendment No. 
32) 

1.  An environmental statement 
shall be prepared for each 
site participating in the Eco-
Management and Audit scheme, 
under the control of company 
management and on the basis, 
in particular, of each 
environmental audit or, for 
the first statement, of the 
initial environmental review 
and thereafter annually.  It 
shall be written specifically 
for the public in a concise, 
non-technical form.  (Ref. EP 
Amendment No. 33) 

an assessment  of  all  the 
significant  environmental 
issues of  relevance  to 
the activities  concerned; 
(Ref. EP  Amendment No. 
34) 

îRICflNALTErCr 

16 

AMENDED TEXT 

—  a  summary  of  the  figures  on  pollutant  emissions, 
waste  generation,  raw  material,  energy  and  water 
consumption  and  other  significant  environmental 
aspects, as appropriate. 

—  a  presentation  of  the  company's  environmental 
policy, programme and specific objectives for the sac 
considered. 

an  evaluation  of  the  environmental  performance  of 
the  protection  system 
implemented  at  the  site 
considered, 

—  the deadline set for submission of the next statement. 

The  statement shall be validated under  the conditions set 
out  in  Annex 11. 

a summary of the figures 
on pollutant emissions, 
waste generation, 
consumption of raw 
materials, energy and 
water, and a qualitative 
assessment of non-
quantifiable aspects like 
odour nuisance, damage to 
the landscape, loss of 
visual amenity, and other 
significant environmental 
aspects, as appropriate. 
The figures will be 
compared with the licence 
conditions and regulatory 
reguirements. as far as 
applicable.  (Ref. EP 
Amendment No. 35) 

a presentation of the 
company's environmental 
policy, programme and 
specific objectives, as 
eventually adjusted, 
including environmental 
protection investments, 
for the site considered; 
(Ref. EP Amendment Ko. 
36) 

The statement shall be 
validated under the conditions 
set out in Article 6(2> at the 
time when a full environmental 
audit of the site is 
completed.  (Ref. EP Amendment 
No. 38) 

m j.'Asriu.' 

TEXT 

î  y 

AMENDED TEXT 

Article 6 

Organisation of aodcCmg and validation activities 

L  The  environmental  audit  of  a  site  may  be 
xr ducted  either  by  the  company's  auditors,  if  the 
company  has  set  up  ks  own  appropriate  system,  for 
Kcrraple  within  the  framework  of  die  EN  29000 
K-i^dard,  or  by  external  auditors  accredited  for  dûs 
purpose by  a body recognized by the Member State. In 
both cases die audit shall be performed in line with the 
criteria  set  oat  in  Annex  I  and,  in  particular,  talcing 
account of «he IS010011 standards on anditnrt* qualifi 
cations (part 2) and on audit procedures {part 1). 

2.  The Environmental statements shall be validated by 
accredited  environmental  auditors,  in  une  with  die 
criteria set out in Annex IL 

Accredited  environmental  auditors  shall  not  divulge, 
without  authorization from  die  company management, 
any information or data obtained in die course of then-
validation activities. 

Organisation of auditing 
activities 

1.  The internal environmental 
audit of a site may be 
conducted bv either auditors 
belonging to the company or 
external persons or 
organisations acting on its 
behalf.  In both cases the 
audit shall be performed in 
line with the criteria set out 
in Annex X and, in particular, 
taking account of the ISO 
10011 standards on auditors' 
qualifications (part 2) and 
audit procedures (part 1) . 

Organisation of validation 
flÇtivittefî 

2.  The environmental 
policies, programmes. 
management systems, reviews or 
audit procedures and the 
environmental statements shall 
be examined to verify that 
they meet the reguirements of 
the Regulation, and the 
environmental statements shall 
be validated by the 
independent accredited 
environmental verifier, on the 
basis of the relevant 
provisions in the Annexes of 
this Regulation. 

2a.  Relationship  w i th 
standards 

i.  Companies  certified  as 
complying,  at  given  sites. 
w i th : 

OTGINAXrTEXX 

AMENDED TEXT 

patronal standards 
transposing European 
standards for environmental 
management systems  andfor 
audits, established by CEN. 
following a mandate in 
accordance with Council 
Directive 83/189/ECC of 28 
March 1983 laying down a 
procedure for the provision 
of information in the field 
of technical standards and 
regulations, as amended bv 
Directive 88/182/EEC, and 
the references of which are 
published in the Official 
Journal of the EC. or 

national standards for 
environmental management 
systems and/or audits 
recognized bv the 
commission, acting in 
accordance with the 
procedure laid down in 
Article 13 to be in 
conformity with the 
relevant requirements of 
this Regulation. 

shall be considered as meeting 
the corresponding requirements 
of this Regulation at those 
sites, provided that the 
certification is delivered by 
a body whose accreditation is 
in accordance with the 
relevant reguireroents in the 
Annexes of this Regulation, or 
with criteria which are 
recognized to be eguivalent to 
those  reguirements  by  the 
Commission,  acting  in 
accordance  with  the  procedure 
laid  down  in Article  13. 

'IGMAÏ^TEXT 

AMENDED TEXT 

19 

The Commission shall pubjj._sh 
in the Official Journal of the 
European Communities the 
references of the European 
standards referred to above as 
well as of the national 
standards recognised to be in 
conformity with the relevant 
reguirements of this 
Regulation. 

Member States shall publish 
the references of these 
national standards and of 
national standards transposing 
European standards. 

ii.  To enable such sites to 
be registered under the 
scheme, the companies 
concerned must in all cases 
meet the reguirements of this 
Regulation regarding the 
environmental statement 
including validation and the 
other applicable reguirements 
concerning registration. 
(Ref. EP Amendment No. 41) 

2b.  The accredited 
environmental verifier must be 
independent from the site's 
auditor.  (Ref. EP Amendment 
No. 42) 

shall  request 

3.  The  Commission 
the  European 
Organization  for  Testing  and  Certification  (EOTC)  to 
establish  the  conditions  and  procedures  for  certification 
of  compliance  with the  standards  mentioned  in Arucle  4, 
based  on  the  criteria  set  out  in  Annex  II,  and  to  ensure 
coordination  of  the  bodies  designated  by  the  Member 
States  within  the  framework  of  Article  7  ( I ). 

Article  7 

Accreditation  of  environmental  auditors 

1.  Member  S i n es  shall  ensure,  within  12  m o n t hs  of 
the  entry  into  force  of  this  Regulation,  that  accreditation 
systems  responsible  fo: 
laving  do>vn  and  implementing 
appropriate  condi;iO">  and  procedures  for  the  accredi 
tation  of  environmental  auditors  and for supervising  their 
activities  arc  fullv  operational.  To  this  end.  Member 
States  ni.iv  either  use existing  certification  institutions  or 
doM:',n.nr  or  \ci  up  o;!i< i  a p p i o p n a ie  bodies 

OMGINAI.TEXT 

AMENDED TEXT 

(Refer to Annex XX.A)  (Ref. 
EP Amendment No. 44) 

l-i  establishing  the  abovemenôoned  conditions  and 
procedures,  the  accreditation  systems  in  the  Member 
States  shall  take  account of  the criteria set out in  Annex 
in 
ÏÏ.  Member  States  shall  inform  the  Commission 
advance  of  the  measures  they  intend  to  adopt  on  this 
subjeu.  These  measures  must  be  approved  by  the 
Corrrnission  before  they  can  be  adopted  by  an  accredt-
m.-;<n system. 

Member  Sûtes  shall  adopt  the  rules  and  procedures 
necessary to  enable the  accreditation systems so  perform 
their  role. 

Member  States  shall  inform  the  Commission  without 
delay of the measures taken within the framework of  this 
paragraph. 

environmental 

non-governmental 

2.  TV  ****£**+** b e x l i^ A*  industrial eionfederatîons 
concerned, 
and 
consumer  c^ganizations  and  «cade  unions  shall  be 
entitled to  rnmrirmr ia setting up and directing, in line 
with the roles and procedures established by the Member 
States, die accreditation systems referred to ia  paragraph 
1- The  Commission shall be  informed  of  these  rules and 
procedures without  delay. 

3.  The  accreditation  systems  shall  collaborate, 
in 
particular  in  supervising  die  activities  of  accredited 
environmental  auditors.  T he  Commission  shall  take 
appropriate  action  to  facilitate  such collaboration. 

4.  Auditors  accredited  in  one  Member  State  may 
perform  validation  activities  in  any other  Member  State. 

Article  8 

List  of  accredited  environmental  auditors 

The  accreditation  systems  shall  establish,  update  and 
revise  a  list  of  accredited  environmental  auditors  in  each 
Member  State  and  shall  communicate  this  list  to  the 
Commission 

The  Commission  shall  publish  an  overall  Community  list 
in  the  Official  Journal  of  the  European  Communities. 

The Commission  shall publish 
annually  an overall Community 
list in the Official Journal 
of the European Communities. 
(Ref. EP Amendment No. 49) 

>ItfGlNAI'*ECT 

21 

A M E N DEDTEXT 

Article  9 

list  of  sites participating m éx  Eco-andk scheme 

1.  The  bodies  designated  for  this  purpose  by  die 

Member States shall establish a list of  sites participating 

in  the  Eco-audk  scheme  and  shall  update  this  list 

regularly. 

If a company fans to submit the validated environmental 
statements for a  site to  the competent body within  the 
deadline  announced, the  ske'shall be  deleted  from  the 
fisc 

2.  The  competent bodies shall communicate  the  lists 
and their updates to the Commission each year. 

n il  the  condition?  ot  t h is 
Reqttlationi 
Amendment Ho*  SO) 

(Ref.  EP 

Article 10 

Competent bodies 

Member States shall designate, within  12 months of  the 
entry into force of dus Regulation, the competent bodies 
and  shall  inform  the  Commission  thereof  immediately. 

Arùde  11 

The  Eco-audk  logo 

,  ^l o g„ ^ ^ - - * * « n ^ ^ : xdJ: 

which  sites  arc  participating. 

The  logo  may  be  used: 

on  the  company  s 

environmental  statements, 

O R I G I N A I / I E CT 

A M E N D E D T E XT 

22 

—  on die company's brochures, reports and information 

—  on the company's headed paper, 

—  for the company's advertisements, on condition that 
such advertisements contain no reference to  specific 
products or services. 

The  logo  may  not  be  used  on  products,  product 
packages or for product advertisement. 

The  logo  shall  always be  accompanied  by one  of  the 
phrases m Annex RI, as appropriate. 

2.  The use of the logo shall be forbidden ia die case 
of sites which fail to comply "with die requirements of the 
Community and national cnvîionmrmal regnlirions 

Member  States  shall  take  die  necessary  measures  to 
• empower die competent bodies to  supervise we  of  die 
logo and shall inform die Commission of these measures 
immediately. 

Article 12 

Promotion of the Eco-aaolt scheme 

1.  Member  States  may  take  action  to  promote  the 
Eco-audit scheme, provided such action is in compliance 
with Community law, in particular by: 

(a)  in  the  case  of  small  and  medium-sized enterprises, 
establishing  or  promoting  assistance  measures  and, 
possibly,  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 protection systems, conduct audits 
and prepare and validate statements; 

ORIGINAL TEXT 

2 3 

AMENDED TEXT 

(b)  simptixying and/or reducing the practical verification 
and  inspection  formalities  under certain conditions, 
in particular for small and medium-sized enterprises; 

(c)  advertising and informing die public of die Eco-audk 

(b)  simplifying and/or 

reducing the practical 
verification and 
inspection formalities 
under certain conditions, 
in particular by the use 
of validated data 
gathered as a result of 
the implementation of the 
environmental management 
system, in particular for 
small and medium-sized 
enterprises;  (Ref. EP 
Amendment No. 55) 

lâl  encouraging industrial 
flggoçjfttiong In their 
activities to promote jais, 
introduction fry companies 
of environmental 
management systemst 
(Ref. EP Amendment No. 
56) 

When drawing UP promotion 
measures. Member States mav 
use the relevant experience 
acouired bv regional and local 
authorities, especially in 
areas with a high 
concentration of small and 
medium-sized enterprises with 
resulting problems of 
cumulative environmental 
impact.  In such cases 
promotion measures may take 
the form of experiments 
involving groups of companies 
in collective technical 
assistance schemes.  (Ref. EP 
Amendment No. 58) 

ORIGINALTEXT 

2 4 

AMENDED TEXT 

Member States shall inform the Commission immediately 
of  the measures they take within the framework of  this 
Arucle. 

2.  The Commission, having consulted the two sides of 
industry, shall present proposals to the Council aiming at 
greater participation  in  the  Eco-audit scheme by  small 
and medhim-stzed enterprises, in particular by providing 
information, training and technical assistance. 

2.  The Commission, having 
consulted the organisations 
representing at  community 
level the interest groups more 
directly concerned-  shall 
present proposals to the 
Council and the European 
Parliament aiming at greater 
participation in the Eco-
Management and Audit scheme by 
small and medium-sized 
enterprises, in particular by 
providing information, 
training and technical 
assistance.  (Ref. EP 
Amendment No. 59) 

Article 13 

COMMITTEE 

1.  The Commission  shall be 
assisted bv a  committee 
cgroposefl of the 
representatives of the Member 
States and chaired bv 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 lav 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 sot out  in that 
Article.  The chairman  shall 
not vote. 

/jjexT 

2U 

AMENDED  T E XT 

Article 14 
Revision 

Four years after entry into 
force of this Regulation, the 
Commission shall review the 
Eco-ttanaqement and Audit 
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 extension of 
the scope of the scheme. 
(Ref. EP Amendment No. 63) 

Article  15 

Article  13 

Revision 

Foui years after die entry into force of dus Regulation, 
the Commission shall review the Eco-audit scheme in the 
light of  the experience gained  during  its operation  and 
shall,  if  necessary,  propose  to  the  Council  the  appro 
priate ajactxlments, particularly- to the scope and nature 
of the scheme. 

Wuhin  the  framework  of  this  revision,  the  Council  shall 
adopt  the  amendments  proposed  by  a  qualified  majority, 
as  provided  for  by  the  second  paragraph  of  Arucle  130s 
of  the  Treaty. 

Article  14 

Entry  into  force 

This  Regulation  shall  enter  into  force  on  1 January  1993. 

it  sfoal'1  afptiy  w+tjk  effect  from  1 July  1994. 

TW  $*<%>date4M  4**U  fee  heading  in  ks  entirety  and 
exm-oky  apspéieaîbie in  a&  SMemher  States. 

:x*nsacr 

AMENDED T.OCT 

prevention and limitation 
of accidents. 

prevention and limitation 
of environmental 
accidents;  (Ref. EP 
Amendment No. 66) 

—  staff  information,  training  and participation  on  environmental  issues, 

—  external informaoon and pubGc paroopauon, mdudtng dealing with public complaints. 

C.  Environmental  performance 
w i ll  be  assessed  by  reference 
to  t he  Community  and  n a t i o n al 
standards  applicable  to  t h is 
f i e ld  and  to  t he  b e st 
available  p o l l u t i on  abatement 
technologies,  as  defined 
within  t he  framework  of 
Community  l e g i s l a t i o n. 

C.  Environmental  performance 
w i ll  be  a s s e s s ed  by  r e f e r e n ce 
to  company's  environmental 
p o l i cy  which  must  include 
compliance  w i th  a ll  r e l e v a nt 
reo^Xatorv_requirement:s 
regarding  tfre  envlropmen^aBâ 
take  account  of  p o s s i b le  c l e an 
t e c h n o l o g i e s. 
Amendment  No.  67) 

(Ref.  EP 

As  regards environmental  management, the following  'good management practices* wul he taken  as  the 
reference,  where  appropriate,  for  the  protection  systems  and  environmental  auditing  under  the 
Eco-audit scheme. 

1.  Management  shall  prepare  and  regularly  review  at  the  highest  level  the  company's  environmental 
policy,  objectives  and  programmes. These  policies,  chjecuves  and  programmes  shall  be  stated  in 
writing. 

2.  Management,  in  cooperation  with  staff  representatives,  shall  foster  a  sense  of  responsibility  for  the 

environment  amongst employees  at all  levels. 

3.  Management  shall  assess  in  advance  the  environmental  impact of  all  new  activttics,  products  and 

processes. 

4.  Management  shall  assess  and  monitor  the  impact  of  current  activities  on  the  local  environment  and 

examine  any  significant  impact  of  these  activities on  the  environment  in  general. 

S  Management  shall  ensure  that  the  environmental  impact  of  all  the  activities  is  reduced  to  the 

minimum. 

6.  Management  shall  ensure  that  the  arrangements  necessary  to  reduce  waste  generation 

to 

the 

minimum  a«d  to  conserve  resources  arc  introduced  and  applied. 

7.  Management  shall  take  the  necessary  measures  to  prevent  accidental  emissions  of  materials  or 

**»Ctfry. 

ORIGINÀI,TEXT 

2S 

AMENDED TEXT 

g.  The  company  shall  establish  and  apply  verification  procedures  to  check  compliance  with  the 
environmental  poucy  and* where  these  procedures  require  measurement  and  testing,  to  establish 
and update records of the results. 

9.  The  company  shall  establish  and  update  the procedures  and  action  to  be  pursued  in  the  event  of 

detection  of  non-compUancc with its environmental policy, objectives or targets. 

10.  Management  shall  cooperate  with  the  pubuc  authorities  to  establish  and  update  contingency 

procedures no m i n i ma  th*- impact of any accidents that nevertheless occur. 

11.  Management  shall  provide  the  public  with  the  iofotmanon  necessary  to  understand  the  potential 
environmental  impact  of  the  company's  activities  and  shall  be  prepared  to  respond  positiver/  to 
expressions of  public concern. 

11a  Management  s h a ll  provide 

the  p u b l ic  with 
information  on  t he 
measures  taken  to 
minimize  t he  s i t e 's 
impact  on  t he  environment 
and  on  p u b l ic  h e a l t h. 
(Ref.  EP  Amendment  No. 
69) 

12.  Management  shall  provide  appropriate  advice  to  customers  on  the  prevention  of  accidents  and 

pollution during the handling, use and disposal of  the produce made by the  company. 

13.  Management  shall  ensure  that contractors working  on  die  company's behalf  apply  environmental 

standards courraient to the company's own. 

D.  The  issues  and  requirements  mentioned  in  secdons  B  and  C  w31  apply  in  so  far as  they  are  under  the 

control of  the site  management. 

E.  Environmental  auditing 

The  audit  method  and  procedure  will  be  established  in  the  light  of  the  relevant  guidelines  in  the  ISO 
10011  international  standards and  within  the  framework  of  the  specific  principles  and  requirements  of 
this  Regulation. 

In particular: 

Objectives 

The  company's  environmental  auditing  programmes  will  define,  in  writing,  the  specific  objectives  of 
auditing  of  the  site  considered. 

)WGINAI,lKJCr 

A M E N D ED TEXT 

The objectives must include, 
in particular, assessing the 
management systems in place, 
determining compliance with 
Community, national, and local  with company policies and the 
regulations and determining 
conformity with company 
policies. 

The objectives must include, 
in particular, assessing the 
management systems in place, 
and determining conformity 

site programme, which must 
include compliance with 
relevant environmental 
regulatory requirements. 
(Ref. EP Amendment No. 70) 

Scope 

The overall scope of the audit must be clearly defined and must expliddy specify the: 

—  subject areas covered, 

—  activities at the site,  * 

—  environmental performance standards, 

«—period covered by the audit. 

Environmental  audits must he performed  by auditors with  appropriate  knowledge  of  the  sectors and 
fields  audited and sufficient training and proficiency as an axioitor to achieve  t^ 
resources and tune allocated to die audit must he eommensurate with the scope and objectives of the 
audit. 

*]HM» tfop ^fffiYpyniy nvflnngf mmT thuM support the tun!J*flng 

The auditors shall he independent of the actmties they audit. 

Pianninr, and preparation for a site audit 

Each audit wQl he planned and prepared with the chjosûves, in particular, of: 

—  ensuring that appropriate resources are allocated, 

—  ensuring mat  each  individual  involved  in the  audit  process  (including  auditors,  site  management, 

staff representatives and other key personnel) understands his or her role and responsibilities. 

Preparation  will  include  familiarization  with  activities  on  the  site  and  with  the  environmental  protection 
system  established  there  and  review  of  the  findings  and  conclusions  of  previous  audits. 

On -site audit  actixnties 

On-site  activities  will  include  discussions  with  site  personnel,  inspection  of  operating  conditions  and 
equipment  and  reviewing  of  records,  written  procedures  and  other  relevant  documentation,  with  the 
objective  of  evaluating  environmental  performance  at  the  site  by  determining  whether  the  site  meets  the 
applicable  standards  and  whether  the  systems  in  place  to  manage  environmental  responsibilities  arc 
effective  and  appropriate. 

RIGïNALTEXT 

30 

AMENDED TEXT 

The fallowing steps, in particular, wffl be included «  the aodk process: 

—  understandfng of the management systems, 

affft^fig  mvygtb< «nd weaknesses of the management systems, 

—  garnering relevant evidence, 

—  cvahtan^ audit resuhs, 

—  preaarmgaudjtooadttsioos, 

—  reporting audit findings and conclusions. 

Reporta* audit fatdhtp ami cendmiomi 

A written audk report of the appropriate torm and ooaaem w»  W  p^ 
fun, formal submission of the findings and coiiclusions of the audk. 

The findings and conclusions 
of the audit must be formally 
communicated to the top 
company management. 

The findings and conclusions 
of the audit must be formally 
communicated to the top 
company management at the 
highest appropriate level. 
(Ref • EP Amendment No* 71) 

The fundamental objenve of a written audit report is: 

—  to documem the scope of the audit, 

to provide management with 
factual information on the 
environmental performance 
at the site and with the 
team's conclusions on this 
performance. 

to provide management ' 
with information on the 
state of compliance with 
the company's 
environmental policy and 
the environmental 
progress at the site and 
with information on the 
effectiveness and 
reliability of the 
arrangements for 
monitoring environmental 
impacts at the site. 
(Ref. EP Amendment No. 
72) 

31 

• *< ;' 

ORIGINALTEXT 

3  4 

AMENDED TEXT 

A.  Accreditation  of  cmriroeupcntal  auditor» 

European  standard  EN  45012  must  he  taken  into  account,  as  appropriate,  in  setting  up  and 
implementing «be accredkadou procedures and coodmoos for environmental auditors. 

The  environmental  v e r i f i er 
shall  be  competent  in  r e l a t i on 
to the functions within the 
accredited  scope  and  must 
demonstrate  and  maintain 
records  on  the  crualif l c a t i o n s. 
i ts 
training  and  experience  of 
personnel  with  r e s p e ct  t o,  at 
l e a s t,  the  following: 

- 

environmental  auditing 
methodologies: 

-  management  information  and 

process!. 

»  environmental  issues? 

- 

relevant  l e g i s l a t i on  and 
standards  including 
specific  guidance  developed 
for  the  purposes  fo  t h is 
Regulation?  and. 

relevant  t e c h n i c al 
knowledge  of  t he  a c t i v i ty 
subject  to  ver if  ication» 
(Ref.  EP Amendment  No.  44) 

B.  T he  function  of  accredited  auditors 

Validation  will  be  c a r r i ed  o ut  by  a c c r e d i t ed  e n v i r o n m e n t al  auditors  in  conformity  w i th  t he  p r o f e s s i o n al 
c o d es  of  p r a c t i ce  w h i ch  w in  be  established  a nd  revised  by  the  Commission. 

*L 

T he  function  of  t he  a u d i t or  is  to  certify: 

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tf 

—  c o m p l i a n ce  w i th  all  t he  r e q u i r e m e n ts  of  this  R e g u l a t i o n,  particularly  c o n c e r n i ng  the  c n v u o n m c n ul 

review,  t he  e n v i r o n m e n t al  a u d it  p r o c e ss  a nd  t he  environmental  statements, 

—  the  technical  validity  of  t he  e n v i r o n m e n t al  review  or  audit  process  and  of  any  o t h er  m e t h od  and 

p r o c e d u re  on  w h i ch  t he  i n f o r m a t i on  a nd  d a ta  c o n t a i n ed  in  the  statement  are  b a s e d, 

— 

the  reliability  of  t he  d a ta  a nd  i n f o r m a t i on  in  t he  statement  and  w h e t h er  t he  s t a t e m e nt  a d e q u a t e ly 
covers  all  t he  significant  e n v i r o n m e n t al  issues  of  relevance  to  the  site. 

T he  a u d i t or  will  c a r ry  o ut  all  t he  investigations  necessary  to  perform  the  function  descril>cd  a b o ve  in  a 
s o u nd  professional  m a n n e r,  m i ng  a p p i o p n a te  m e i h o d\  and  jvoidmf,  <im>r< c^sjiy  d<ii>|,< jnoi>  0{ 
c o m p a n y 's  activities  a nd  m e t h o d s. 

l nr 

ÇmGmAL.'TEXX 

AMENDED TEXT 

3 3 

The auditor wffl opcsaae oa the basfe of a ws&scn agreement vrida the oompam/wfakb defines die soope 
of  the work, enables the audkor to operase Sa as independent pcofessâosal atanaer and comosk* tbe 
company to providing «be accessary oMpcraôca. 

The verification will involve 
examination  of  documentation, 
a  v i s it  to  the  s i t e . I n c l u d i n g, 
in  particular,  interviews  with 
personnel, preparation of a 
report  to  the  company 
management and solution of the 
issues raised by the report. 

The verification will involve 
examination of documentation, 
a visit to the site including, 
in particular, interviews with 
personnel, preparation of a 
report to the company 
management and resolution of 
the Issues raised by the 
report.  (Ref. EP Amendment 
No. 76) 

The detrunKTHMJoa to be examined ia advance of tbe site visât wul include basic information aHwww *far 
sate and activities there, «be dcjeriptioa of the fini» mini mil  asanagemeat system ia operation at «he 
«kc, details of theptevioas tiiwoiwienul review or aadfr carried out» tbcie^ 
and *^w> <lf*t f iiTM'MMaftttal i 

The company wJ  also provide «be aoidkor with «he accessary information  oa previous reviews and 
audits and octant of any aifi a^f meats of «be If gi dation and of any crvn auks relating «o cavnx)oment>l 
matters m tbe previous five years. 

The auditor's report to the company asanagemenc wiB apecify: 

1. cases of non-compila nee with the provisions of this Regulation; 

2.  technical defects ia the environmental review or audk method or in any other relevant process; 

3.  points of disagreement with the review or audit report; 

4.  points  of  disagreement  with  the  draft  environmental  statement,  together  with  details  of  the 

amendments or additions that should be made to the environmental statement. 

T he  following  cases  can  arise: 

-•i 

(a)  if  the  protection  system,  the  audit  method  and  the  other  processes  used  to  produce  the  statement 
appear  to  be  adequate  and  the  statement  proves  accurate,  sufficiendy  detailed  and  in  compliance 
with  the  requirements  of  the  Eco-audit  scheme,  the  auditor  will  validate  the  statement  and  certify 
that  it  gives  a  true  and  fair  account  of  the  environmental  issues  of  relevance  to  activities  at  the  site; 

."-« 

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ORICrlNAI^TCXT 

A M E ^ E D T E XT 

t^j  if the protection system, 

the audit method and the 
other relevant processes 
I  appears adequate but the 
statement needs to be 
revised and/or completed, 
the auditor shall discuss 
the changes needed with 

v^  the company management 
JF  and will not validate the 

statement until the 
company has made the 
appropriate amendments 
and/or additions to the 
statement; 

(c)  if the protection system, 

the audit method and/or 
the other relevant 
processes considered 
appear inadequate, the 
auditor will make 
appropriate 
recommendations^ to the 
company's management on 
the improvements needed 
and will not validate the 
statement until the 
shortcomings in the 
processes have been 
corrected, the processes 
repeated to the extent 
necessary, and the 
statement revised 
accordingly. 

(b)  if the protection system, 
the review or audit 
process appears adequate 
but the statement needs 
to be revised and/or 
completed, the verifier 
shall discuss the changes 
needed with the company 
management and shall not 
validate the statement 
until the company has 
made the appropriate 
amendments and/or 
additions to the 
statement;  (Ref. EP 
Amendment Ho. 74) 

(c)  if the protection system, 
the review or audit 
process appears 
inadequate, the verifier 
shall make appropriate 
recommendations to the 
company's management on 
the improvements needed 
and shall not validate 
the statement until the 
shortcomings in the 
processes have been 
corrected, the processes 
repeated to the extent 
necessary, and the 
statement revised 
accordingly.  (Ref. EP 
Amendment No. 75) 

ANNIIX  111 

The  Leo-audit  logo 

Eco-audit  is  a  European  Community  scheme  for  the  evaluation  and  improvement  of  the  environmental 
performance  at  industrial  production  sites 

-K  *  * 

9 * 

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ù^mmàl^EEKX  • 

AMENDED TEXT 

The logo tUtsstratcd above must be used in eookinction wwh one of the fouowing phrases, as appropriate: 

—  All our production sues in the EC participate in tbe Eco-«udk scheme. 

—  AD our production sates in (name of Community Member State) participate in the Eco-audk scheme. 

—  The fouowing production sites of our company participate in the Eco-audk scheme. 

ANNEXJV 

Iafocmanoa to be provided to «he oampflrnt bodies at «he time of  «ubuimioa of  «be first environmental 
state ineitf T 

1.  Name of company; 

2.  Name and location of the ske; 

3.  Brief description of activities at the site: (refer to annexed documents if necessary) ; 

4.  Haa^aa^addies» of the aoaedited environ 

5.  n*^«w?^f fpr f^Vfnttiiffn i*f ih/f f^in ^nlfd'wf fwinnyrwf **• tTfttf^^m 

Tbe  following details must be annexed to the statement: 

(a)  alxkidcscriptiraoftb^cttvironiacntd 

(b)  a description of tb^ auditing ptograniineestabfisnedi^ 

(c)  the initial validated environmental statement. 

36 

ISSN 0254-1475 

COM (93) 97 final 

DOCUMENTS 

EN 

14  10 

Catalogue number : CB-CO-93-117-EN-C 

ISBN 92-77-53701-9 

Office for Official  Publications of the European Communities 
L-2985 Luxembourg