Amended proposal for a European Parliament and Council Regulation (EC) allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS)
Date: 1999-06-23
Institutions: European Commission
Subjects: EU environmental policy, environmental law, environmental monitoring, management information system, type of business

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II

(Preparatory Acts)

COMMISSION

Amended proposal for a European Parliament and Council Regulation allowing voluntary partici-
pation by organisations in a Community eco-management and audit scheme (EMAS) (1)

(2000/C 212 E/01)

(Text with EEA relevance)

COM(1999) 313 final (cid:151) 98/0303(COD)

(Submitted by the Commission pursuant to Article 250 paragraph 2 of the EC Treaty on 23 June 1999)

(1) OJ C 400, 22.12.1998, p. 7.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

Having regard to the Treaty establishing the European
Community, and in particular Article 130 S (1) thereof,

Having regard to the Treaty establishing the European
Community, and in particular Article 175 thereof,

Having regard to the Proposal from the Commission,

Unchanged

Having regard to the Opinion of the European Parliament,

Having regard to the Opinion of the Economic and Social
Committee,

Having regard to the Opinion of the Committee of Regions,

Acting in accordance with the procedure laid down in Article
189c of
the Treaty in cooperation with the European
Parliament,

(1) Whereas Article 2 of

the Treaty stipulates

that
the
Community shall have among its
to promote
throughout the Community sustainable growth and the
the
Council
importance of such sustainable growth;

resolution of February 1993 (1)

stresses

tasks

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Unchanged

(2) Whereas

the

’Towards

programme

Sustainability’,
presented by the Commission and approved as to its
general
I
February 1993, underlines the role and responsibilities
of companies, both to reinforce the economy and to
protect the environment throughout the Community;

resolution of

approach by

the Council

(3) Whereas the programme ’Towards Sustainability’ calls for
broadening the range of
instruments in the field of
environmental protection and for using market-mech-
anisms to commit organisations to adopt a pro-active
field beyond compliance with all
approach in this
relevant
the
environment;

requirements

regulatory

regarding

___________
(1) OJ C 138 of 17.5.1993, p. 1.

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INITIAL PROPOSAL

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(4) Whereas Council Regulation (EEC) No. 1836/93 allowing
voluntary participation by companies in the industrial
in a Community eco-management and audit
sector
scheme
in
promoting
environmental
performance of industry;

demonstrated
of

improvements

effectiveness

its
the

(EMAS)

(5) Whereas EMAS should therefore be made available for all
organisations having significant environmental
impacts,
providing a means for them to manage these significant
impacts and to improve their overall environmental
performance;

(5) Whereas EMAS should therefore be made available for all
organisations having environmental impacts, providing a
means for them to manage these significant impacts and
to improve their overall environmental performance;

(6) Whereas the experience gathered from the implemen-
tation of Council Regulation (EEC) No. 1836/93 shall be
used to enhance the ability of EMAS to bring about
improvement of the overall environmental performance
of organisations;

Unchanged

the

the Treaty,

effectiveness of EMAS

(7) Whereas, in conformity with the principle of subsidiarity
and the principle of proportionality referred to in Article
3b of
in
contributing to better environmental performance of
European organisations is to be achieved at Community
level; whereas this Regulation limits itself to ensuring an
equal
the
Community by providing for common rules, procedures
the
and essential requirements regarding EMAS whilst
measures that can be adequately performed at national
level are left to the Member States;

implementation

throughout

EMAS

of

(8) Whereas

organisations

to
participate in EMAS on a voluntary basis and should
gain added value in terms of regulatory control, cost
savings and public image;

encouraged

should

be

(7) Whereas, in conformity with the principle of subsidiarity
and the principle of proportionality referred to in Article
5 of the Treaty, the effectiveness of EMAS in contributing
to better environmental performance of European organi-
sations is to be achieved at Community level; whereas this
implemen-
Regulation limits itself to ensuring an equal
tation
by
providing for common rules, procedures and essential
requirements regarding EMAS whilst the measures that
can be adequately performed at national level are left to
the Member States;

the Community

throughout

EMAS

of

Unchanged

(9) Whereas it

is important

that small and medium-sized
enterprises participate in EMAS and that their partici-
pation
or
promoted
promoting technical assistance measures and structures
aimed at providing such organisations with relevant
expertise and appropriate support;

establishing

should

by

be

(10) Whereas the information provided by Member States shall
be used by the Commission to assess the need for
developing specific measures aimed at greater partici-
pation in EMAS by organisations,
in particular small
and medium-sized enterprises;

(11) Whereas the transparency and credibility of organisations
systems are
implementing environmental management
audit
enhanced when
programme and environmental statement are examined
to verify that
the relevant requirements of
this Regulation and when the environmental statement
and its subsequent updates are validated by accredited
environmental verifiers;

their management

they meet

system,

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INITIAL PROPOSAL

AMENDED PROPOSAL

(12) Whereas

it

is

the
therefore necessary
competence of the environmental verifiers by providing
for an independent and neutral accreditation system and
an appropriate supervision of their activities in order to
ensure the overall credibility of EMAS;

to ensure

(12) Whereas it is therefore necessary to ensure and steadily
improve the competence of the environmental verifiers by
providing for an independent and neutral accreditation
system,
retraining and an appropriate supervision of
their activities in order to ensure the overall credibility
of EMAS; whereas close cooperation with the national
accreditation bodies must accordingly be set up;

(13) Whereas organisations should be encouraged to produce
and make publicly available periodic
environmental
statements providing the public and other stakeholders
with information on their environmental performance;

Unchanged

(14) Whereas

according

the Commission should,

to a
Community procedure, adapt the Annexes to this Regu-
lation, recognise European and international standards for
environmental issues of relevance to EMAS and establish
guidelines in partnerships with EMAS stakeholders for
ensuring a consistent
the EMAS
requirements across the Member States;

implementation of

(15) Whereas the Member States should create incentives to

encourage organisations to participate in EMAS;

(16) Whereas the Commission should support the candidate
countries
for European Union membership in their
setting up of the structures necessary for the implemen-
tation of EMAS;

(17) Whereas the European institutions shall endeavour to
adopt the principles enshrined in this Regulation;

(18) Whereas this Regulation should be revised in the light of
experience gained after a certain period of operation,

Unchanged

HAVE ADOPTED THIS REGULATION:

Article 1

The eco-management and audit scheme and its objectives

A Community scheme allowing voluntary participation
1.
by organisations hereinafter referred to as EMAS,
is hereby
established for the evaluation and improvement of the environ-
mental performance of organisations and the provision of the
relevant information to the public and other stakeholders.

A Community scheme allowing voluntary participation
1.
by organisations hereinafter referred to as EMAS,
is hereby
established for the evaluation and improvement of the environ-
mental performance of organisations and the provision of the
relevant information to the public and other interested parties.

The objective of EMAS shall be to promote continual
2.
improvements in the environmental performance of organi-
sations by:

Unchanged

(a) the establishment and implementation of environmental

management systems by organisations;

(b) the systematic, objective and periodic evaluation of

the

performance of such systems;

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INITIAL PROPOSAL

AMENDED PROPOSAL

(c) the provision of information of environmental performance

(c) the provision of information of environmental performance

to the public and other stakeholders.

to the public and other interested parties;

(d) the involvement of employees.

Unchanged

EMAS shall be without prejudice to Community law or
3.
national
laws or technical standards regarding environmental
controls not governed by Community law and without
prejudice to the duties of organisations under those laws and
standards.

Article 2

Definitions

For the purposes of this Regulation:
(a)

(cid:145)environmental policy(cid:146) shall mean the organisations’ overall
to the
aims and principles of action with respect
environment including compliance with all relevant regu-
latory requirements regarding the environment;

(b)

(c)

(d)

(e)

(f)

(g)

(cid:145)environmental review(cid:146) shall mean an initial comprehensive
analysis
and
impact
environmental
performance related to activities of an organisation;

issues,

the

of

(cid:145)environmental aspect(cid:146) shall mean an element of an organi-
sation’s activities, products or services that can interact
with the environment.
NOTE A significant environmental aspect is an environ-
mental aspect that has or can have a significant environ-
mental impact.

(cid:145)environmental
impact(cid:146) shall mean any change to the
environment, whether adverse or beneficial, wholly or
partially
activities,
products or services;

from an organisation’s

resulting

specific objectives and activities

(cid:145)environmental programme(cid:146) shall mean a description of
the organisation’s
to
ensure greater protection of the environment of an organi-
sation including a description of the measures taken or
envisaged to achieve such objectives and where appro-
such
for
priate the deadlines
measures;

implementation of

set

(cid:145)environmental objective(cid:146) shall mean an overall environ-
mental goal, arising from the environmental policy, that
an organisation sets
to achieve, and which is
itself
quantified where practicable;

(cid:145)environmental target(cid:146) shall mean a detailed performance
requirement, quantified where practicable, applicable to
the organisation or parts thereof,
that arises from the
environmental objectives and that needs to be set and
met in order to achieve those objectives;

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INITIAL PROPOSAL

AMENDED PROPOSAL

(h)

(i)

(cid:145)environmental management system(cid:146) shall mean that part
the overall management system which includes the
of
organisational
practices,
procedures, processes and resources for determining and
implementing the environmental policy;

responsibilities,

structure,

shall mean a management
systematic, documented, periodic
the performance of

tool
(cid:145)environmental audit(cid:146)
and
comprising a
objective evaluation of
the organi-
sation, 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 the environmental policies

of the organisation;

(j)

(cid:145)audit cycle(cid:146) shall mean the period of time in which all the
activities in an organisation are audited;

(k)

(cid:145)environmental
detailed in Annex III 3.2 a-g;

statement(cid:146)

shall mean the information

(l)

(cid:145)interested party(cid:146) shall mean an individual or a group,
including authorities, concerned with or affected by the
environmental performance of an organisation.

(l)

firm,
(cid:145)organisation(cid:146) shall mean a company, corporation,
enterprise, authority or institution, or part or combination
thereof, whether incorporated or not, public or private,
that has its own functions and administrations.

(m) (cid:145)organisation(cid:146) shall mean a company, corporation,

firm,
enterprise, authority or institution, or part or combination
thereof, whether incorporated or not, public or private,
that has its own functions and administrations.

The entity to be registered shall be agreed with the verifier
taking account of Commission guidance, established in
accordance with the procedures laid down in Article 14,
but shall not exceed the boundaries of one Member State.
Where the organisation constitutes a site this shall be the
basis for registration.

Unchanged

(m) (cid:145)site(cid:146) shall mean all land at a distinct geographic location
under the management control of an organisation covering
activities, products and services. This includes all
infra-
structure, equipment and materials;

(n)

(cid:145)auditor(cid:146) shall mean an individual or a team, belonging to
the organisation personnel or external to the organisation,
acting on behalf of the organisation’s top management,
possessing,
individually or collectively, the competencies
referred to in Annex II paragraph 2.4 and being
sufficiently independent of
to
make an objective judgement;

the activities they audit

(n)

(o)

(cid:145)site(cid:146) shall mean all land at a distinct geographic location
under the management control of an organisation covering
activities, products and services. This includes all
infra-
structure, equipment and materials;

(cid:145)auditor(cid:146) shall mean an individual or a team, belonging to
the organisation personnel or external to the organisation,
acting on behalf of the organisation’s top management,
possessing,
individually or collectively, the competencies
referred to in Annex II paragraph 2.4 and being
sufficiently independent of
to
make an objective judgement;

the activities they audit

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INITIAL PROPOSAL

AMENDED PROPOSAL

(o)

(p)

(cid:145)accredited environmental verifier(cid:146) shall mean any person
or organisation independent of
the organisation being
verified, who has obtained accreditation, in line with the
conditions and procedures referred to in Article 4;

(cid:145)accreditation system(cid:146) shall mean a system for the accredi-
tation and supervision of environmental verifiers operated
by an impartial institution or organisation designated or
created by the Member State, with sufficient resources and
competency
for
performing the functions defined by this Regulation for
such a system;

and having appropriate procedures

(p)

(q)

(cid:145)accredited environmental verifier(cid:146) shall mean any person
or organisation independent of
the organisation being
verified, who has obtained accreditation, in line with the
conditions and procedures referred to in Article 4;

(cid:145)accreditation system(cid:146) shall mean a system for the accredi-
tation and supervision of environmental verifiers operated
by an impartial institution or organisation designated or
created by the Member State, with sufficient resources and
competency
for
performing the functions defined by this Regulation for
such a system;

and having appropriate procedures

(q)

(cid:145)competent bodies(cid:146) shall mean the bodies designated by
Member States in line with Article 5,
to perform the
tasks mentioned in this Regulation.

(r)

(cid:145)competent bodies(cid:146) shall mean the bodies designated by
Member States, whether national, regional or local,
in
line with Article 5, to perform the tasks mentioned in
this Regulation.

Article 3

Unchanged

Participation in EMAS

EMAS is open to any organisation dedicated to improving its
overall environmental performance.

1. Registration to EMAS

In order for an organisation to be registered to EMAS it
must:

(a) conduct an environmental

its activities,
products and services in accordance with Annex VII of
this Regulation addressing the issues contained in Annex
VI and, in the light of the results of that review:

review of

(b) implement

compliance,

environmental

an environmental management

system
covering all the elements described in Annex I-A of
this Regulation. An organisation must also provide for
legal
performance
improvement and external communication as explained
in Annex I-B.
environmental
Organisations
management
recognised according to the
requirements of Article 9, do not need to conduct a
formal
initial environmental review when moving on
to EMAS implementation, if the necessary information
the environ-
for the identification and evaluation of
mental aspects of Annex VI
is provided by the
certified environmental management system.

certified

system,

having

a

(c) carry out, or cause to be carried out, environmental
requirements of
auditing in accordance with the
Annex II of
this Regulation. The audits must be
designed to assess the environmental performance of
the organisation;

(d) prepare, in accordance with Annex III 3.2 an environ-
mental statement. The statement should pay particular
attention to the performance of an organisation against
its environmental objectives and targets;

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INITIAL PROPOSAL

AMENDED PROPOSAL

(e) have the initial environmental review,

if appropriate,
management system, audit procedure and environmental
statement or extracts of it produced for defined stake-
holders,
if required by the organisation, examined to
verify that they meet the relevant requirements of this
Regulation and the environmental statements validated
to ensure it meets the requirements of Annex III 3.2;

(e) have the initial environmental review,

extracts of
if

if appropriate,
management system, audit procedure and environmental
it produced for defined
statement or
required by the organisation,
interested parties,
examined to verify that
relevant
requirements of this Regulation and the environmental
statements validated to ensure it meets the requirements
of Annex III 3.2;

they meet

the

(f)

forward the validated environmental statement to the
competent body of the Member State where the organi-
sation is located and after registration, make it publicly
available.

Unchanged

2. Maintenance of EMAS registration

In order for an organisation to maintain registration to
EMAS it must:

(a) have the environmental management system and audit
the
in

accordance

with

programme
requirements of Annex V 5.6;

verified

(b) forward the yearly validated updates of

its environ-
to the competent body and make

mental statement
them publicly available.

Accreditation and supervision of environmental verifiers

Article 4

use

either

independent environmental verifiers and for

1. Member States shall establish a system for the accredi-
tation of
the
their activities. To this end, Member States
supervision of
may
the
competent bodies referred to in Article 5 or designate or set
up any other body with an appropriate status.
Member States shall ensure that
systems
to guarantee their
such as
neutrality in the execution of their tasks.

these
independence and

the composition of

accreditation

institutions,

existing

is

2. Member States shall ensure that these systems are fully
operational within 3 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.

The accreditation of environmental verifiers and super-
their activities shall be in accordance with the

4.
vision of
requirements of Annex V.

the
5. Member States shall
measures taken pursuant
to this Article and communicate
relevant changes in the structure and procedures of the accredi-
tation systems.

inform the Commission of

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INITIAL PROPOSAL

AMENDED PROPOSAL

The Commission shall, in accordance with the procedure
6.
laid down in Article l4, promote collaboration between
Member States in order in particular to:

(cid:151) avoid inconsistency between criteria,

and
procedures they apply for the accreditation of environ-
mental verifiers;

conditions

(cid:151) avoid inconsistency between the provisions of this Regu-
lation and criteria, conditions and procedures they apply
for the accreditation of environmental verifiers;

(cid:151) avoid inconsistency between the procedures and measures
they apply for the supervision of environmental verifiers
they have accredited;

(cid:151) avoid inconsistency between the provisions of this Regu-
lation and the procedures and measures they apply for the
supervision of environmental verifiers they have accredited;

(cid:151) avoid inconsistency between the procedures and measures
they apply for the supervision of environmental verifiers
accredited in other Member States.

(cid:151) avoid inconsistency between the provisions of this Regu-
lation and the procedures and measures they apply for the
supervision of environmental verifiers accredited in other
Member States.

7.
Environmental verifiers accredited in one Member State
may perform verification activities in any other Member State,
according to the requirements laid down in Annex V.

Unchanged

competence

twice per year attended by a representative of

8.
A forum, constituted of all accreditation bodies, shall be
set up by the accreditation bodies with the aim of providing
the Commission with the elements and means to fulfil
its
It shall meet, as necessary, at
obligation under Article 4.6.
least
the
Commission.
The forum shall develop guidance on issues in the field of
accreditation,
verifiers
and
through developing a common understanding of Annex V
requirements. These guidance documents shall be submitted
to the procedures laid down in Article 14 of this Regulation.
In order to ensure a harmonised development of the func-
tioning of accreditation bodies and the verification process in
all the Member States, the forum shall develop procedures for a
peer review process. The aim of the peer review shall be to
ensure that the accreditation systems of Member States meet
the requirements of
the peer
review activities will be transmitted to the Commission.

this Regulation. A report of

supervision

of

Article 5

Competent bodies
1. Within 3 months of the entry into force of this Regu-
lation, each Member State shall designate the competent body
responsible for carrying out
the tasks provided for in this
Regulation, particularly in Articles 6 and 7 and shall inform
the Commission thereof.

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INITIAL PROPOSAL

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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.

3. Member States shall develop guidelines for suspension
and deletion of the registration of organisations, for the use
of competent bodies. Competent bodies shall,
in particular,
have procedures for

(cid:151) considering observations from interested parties concerning

registered organisations and

(cid:151) refusal of registration, deletion or suspension of organi-

sations from registration.

The competent body shall be responsible for the regis-
4.
tration of organisations to EMAS. It shall therefore control the
entry and maintenance of organisations on the register. Refusal
of registration, suspension or deletion of organisations from the
register
the appropriate
in order to provide the competent body
interested parties,
with the necessary elements of evidence for taking its decision.

require the consultation of

shall

the Commission. The objective of

5.
Competent bodies from all Member States shall meet, as
necessary, at least twice per year attended by a representative
of
these meetings is to
ensure the consistency of procedures relating to the registration
of organisations to EMAS. A peer review process shall be put
in place by the competent bodies in order for them to develop
a common understanding of their practical approach towards
registration. A report of the peer review activities will be trans-
mitted to the Commission and made publicly available.

Article 6

Registration of organisations

Registration of organisations

1.
competent bodies on the basis of the following cases:

shall be dealt with by

(a) If a competent body

(cid:151) has received a validated environmental statement and

(cid:151) has received a completed form (Annex VIII) from the

organisation and

(cid:151) has received any registration fee that may be payable

under Article 16 and

(cid:151) is satisfied, on the basis of evidence received, that the
organisation meets all the requirements of this Regu-
lation,

it shall register the applicant organisation and give it a
registration number. The competent body shall inform the
organisation’s management that the organisation appears
on the register.

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(b) If a competent body receives a supervision report from the
accreditation body which gives evidence that the activities
of the verifier were not performed adequately enough to
ensure that the requirements of this Regulation are met by
the applicant organisation, registration shall be refused until
assurance of compliance with EMAS is obtained.

(c) If an organisation fails to submit to a competent body,

within three months of being required to do so,

(cid:151) the yearly validated updates of

the environmental

statement or

(cid:151) a completed form (Annex VIII) from the organisation or

(cid:151) any relevant registration fees

the organisation shall be suspended or deleted from the
register, as appropriate, depending on the nature and
scope of the failure. The competent body shall inform the
organisation’s management of the reasons for the measures
taken.

that

(d) If, at any time, a competent body concludes, on the basis of
the organisation is no longer
evidence received,
complying with one or more of
this
Regulation, the organisation shall be suspended or deleted
from the register, as appropriate, depending on the nature
and scope of the failure. The competent body shall inform
the organisation’s management of
the
measures taken.

the conditions of

the reasons for

(e) If a competent body is

informed by the competent
enforcement authority of a breach at the organisation of
relevant regulatory requirements regarding environmental
protection, it shall refuse registration of that organisation
or suspend it from the register as appropriate.

competent body shall

The
inform the organisation’s
management of the reasons for the measures taken and
of
competent
the process of
enforcement authority.

discussion with the

(f) 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.

The competent body shall update any changes in the list

2.
of organisations registered to EMAS on a monthly basis.

Article 7

List of registered organisations and accredited environ-
mental verifiers

The accreditation systems

1.
revise and
update a list of accredited environmental verifiers in each
Member State and shall directly, or via the national authorities
as decided by the Member State concerned, communicate
changes in this list each month to the Commission.

shall establish,

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registered organisations

The competent bodies shall establish and maintain a list
2.
in each Member States. The
of
competent bodies shall directly, or via the national authorities
as decided by the Member State concerned, communicate
changes in this list each month to the Commission.

The register of accredited environmental verifiers and
3.
EMAS registered organisations shall be maintained by the
Commission which shall make it publicly available.

Article 8

Logo

1.
Organisations participating in EMAS may use the logo
detailed in Annex IV. Annex IV shall be completed by the
Commission acting in accordance with the procedure of
Article 14. The logo can only be used by organisations
having a current EMAS registration.

The logo may not be used in any other form than that detailed
in Annex IV.

The EMAS logo may only be used by organisations in the

2.
following circumstances

(cid:151) On validated environmental statements,

(cid:151) On registered organisation letterheads,

(cid:151) On information advertising an organisation’s participation

in EMAS.

The

3.
conjunction with environmental
activities, products and services

logo may also be used by organisations
information related

in
to

The

in
3.
conjunction with
as
information sheets related to activities, products and services

logo may also be used by organisations
such

environmental

information,

(cid:151) provided the information is covered in the environmental

statement and has been validated by the verifier as:

(cid:151) provided the information references and is covered in the
environmental statement and has been validated by the
verifier as:

(a) Accurate and non deceptive

Unchanged

(b) Substantiated and verifiable

(c) Relevant and used in an appropriate context or setting

(d) Specific and clear as to the particular aspect the claim

relates

(e) Unlikely to result in misinterpretation

(f) Significant
impact

in relation to the overall environmental

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(cid:151) and provided that the wording (cid:145)validated information(cid:146)

is

added to the logo as detailed in Annex IV.

The logo must not be used in the following cases

4.
(cid:151) on products or their packaging,
(cid:151) in conjunction with comparative
products, activities and services,

claims

concerning

(cid:151) on adverts for products, activities and services.

Article 9

Relationship with European and international standards

issues relevant

Organisations implementing, European or international
1.
to EMAS and
standards for environmental
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 are recognised by the Commission acting in
accordance with the procedure laid down in Article 14;
(b) the accreditation granted to the certification body is
recognised by the Commission acting in accordance with
the procedure laid down in Article 14.

The references of
the recognised standards (including the
relevant sections of EMAS to which they apply) and recognised
accreditation shall be published in the Official Journal of
the
European Communities.
2.
To enable such organisations to be registered to EMAS,
the organisations concerned must demonstrate to the verifier
only compliance with requirements not covered by the
recognised standards.

Article 10

Promotion of organisations’ participation, in particular of
small and medium-sized enterprises

1. Member States shall promote organisations’ participation
in EMAS and shall, in particular, consider the need to ensure
the participation of small and medium-sized enterprises (SMEs)
by

(cid:151) facilitating the access to information, to support funds and

to public structures,

(cid:151) establishing or promoting technical assistance measures,
especially in conjunction with initiatives from appropriate
professional or local points of contact (e.g. local authorities,
chamber of commerce, trade association),

(cid:151) establishing or promoting technical assistance measures,
especially in conjunction with initiatives from appropriate
professional or local points of contact (e.g. local authorities,
chamber
craft
of
association),

commerce,

association

trade

or

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INITIAL PROPOSAL

AMENDED PROPOSAL

(cid:151) charging reasonable registration fees in order to encourage

higher participation in EMAS,

(cid:151) ensuring that the system does not create excessive burden

for organisations, particularly SMEs.

Unchanged

local authorities,

In order to promote participation of SMEs concentrated in well
defined geographical areas,
in participation
with industrial associations, chambers of commerce and
interested parties may provide assistance in the identification
of significant environmental impacts associated with that area.
SMEs may then use these in defining their environmental
programme and setting the objectives and targets of
their
EMAS management system.

2. Member States shall consider how registration to EMAS
according to this Regulation may be used in the implemen-
legislation in order to
tation and control of environmental
avoid unnecessary duplication of efforts by both organisations
and competent enforcement authorities.

3. Member States shall
measures taken under this Article.

inform the Commission of

the

4.
The Commission shall promote a coherent approach
between the legislative instruments developed at Community
level in the field of environmental protection.

Article 11

Information

Each Member State shall ensure that:

1.
(cid:151) organisations are informed of the content of this Regu-

lation,

(cid:151) the public is informed of
components of EMAS.

the objectives and principal

Member States shall in particular use professional publications,
local
journal, promotion campaign or any other functional
means to deliver a general awareness-level on EMAS.
2. Member States shall
measures taken under this Article.
3.
EMAS at Community level.

The Commission shall be responsible for promoting

inform the Commission of

the

Article 12

Infringements
Member States shall take appropriate legal or administrative
measures in case of non-compliance with the provisions of
this Regulation and communicate these measures
to the
Commission.

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INITIAL PROPOSAL

AMENDED PROPOSAL

Article 13

Annexes

The Annexes to this Regulation shall be adapted by the
Commission, acting in accordance with the procedure of
Article 14 in the light of experience gained in the operation
of EMAS and in response to identified needs for guidance on
EMAS requirements.

Article 14

Committee

The Commission shall be assisted by a committee
1.
composed of the representatives of the Member States and
chaired by the representative of the Commission.

The representative of the Commission shall submit to the
2.
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 205(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 in that Article. The chairman shall not vote.

3.

(a) The Commission shall adopt measures which shall

apply immediately.

(b) However, if these measures are not in accordance with
the
be
communicated by the Commission to the Council
forthwith. In that event:

committee,

opinion

shall

they

the

of

(cid:151) The Commission may defer application of

the
measures which it has decided for a period of not
such
more than one month from the date of
communication;

(cid:151) The Council, acting by a qualified majority, may
take a different decision within the time limit
referred to in the previous paragraph.

Article 15

Revision

review EMAS in the light of

The Commission shall
the
experience gained during its operation and international devel-
opments no later than five years after its entry into force, and
shall,
the appropriate
amendments.

if necessary, propose to the Council

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INITIAL PROPOSAL

Article 16

Costs and fees

AMENDED PROPOSAL

A system of fees in accordance with modalities estab-
1.
lished by Member States may be set up for the administrative
costs incurred in connection with the registration procedures
for organisations and the accreditation and supervision of
environmental verifiers and the costs of EMAS.
2. Member States shall
measures taken under this Article.

inform the Commission of

the

Article 17

the

corresponding provisions of

Accreditation systems and competent bodies

Repeal of Council Regulation (EEC) No 1836/93
Council Regulation (EEC) No 1836/93 shall be repealed at

1.
the date of entry into force of this Regulation.
set up
2.
pursuant
to Council Regulation (EEC) No 1836/93 shall
remain in force. Member States shall modify the procedures
followed by accreditation systems and competent bodies
this Regulation.
under
Member States shall ensure that these systems are fully oper-
ational within 3 months following the date of entry into force
of this Regulation.
3.
Environmental verifiers accredited according to Council
Regulation (EEC) No 1836/93 may continue to perform their
activities according to the requirements established by this
Regulation.
4.
1836/93 will
requirements of
shall be checked at the time of the next verification.

Sites registered according to Council Regulation (EEC) No
remain on the EMAS register. The new
this Regulation applicable to organisations

Article 18

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 3 months after publication.
This Regulation shall be binding in its entirety and directly
applicable in all Member States.

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INITIAL PROPOSAL

AMENDED PROPOSAL

ANNEX I

A. ENVIRONMENTAL MANAGEMENT SYSTEM REQUIREMENTS

Unchanged

environmental management

The
implemented
according to Section 4 of the ISO 14001:1996 international standard
for environmental management systems.

system shall be

environmental management

The
according to Section 4 of
standard for environmental management systems.

system shall be

implemented
the EN ISO 14001:1996 international

B. ISSUES TO BE ADDRESSED BY ORGANISATIONS
IMPLEMENTING EMAS

Unchanged

1. Legal compliance

Organisations must be able to demonstrate that they

(cid:151) have identified, and know the implications to the organisation

of, all relevant environmental legislation,

(cid:151) provide for legal compliance and

(cid:151) have procedures in place that will enable the organisation to

meet these requirements on an ongoing basis.

2. Performance

Organisations must be able to demonstrate that the management
system and the audit procedures address the actual environmental
to the aspects
the organisation with respect
performance of
identified from Annex VI and that performance evaluation is
considered as part of the review process. The organisation must
also commit to the continual
improvement of its environmental
performance.

3. External communication

3. External communication

Organisations must be able to demonstrate an open dialogue with
interested parties including local communities and customers with
regard to the environmental impact of their activities, products and
services in order to identify stakeholders’ concerns.

Organisations must be able to demonstrate an open dialogue with
interested parties including local communities and customers with
regard to the environmental impact of their activities, products and
services in order to identify interested parties’ concerns.

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REQUIREMENTS CONCERNING INTERNAL ENVIRONMENTAL AUDITING

ANNEX II

2.1. General Requirements

Internal audits ensure that the activities carried out by an organisation are being conducted in accordance with
established procedures. The audit may also identify any problems with those established procedures or any oppor-
tunities for improving those procedures. The scope of audits carried out within an organisation may vary from the
audit of a simple procedure to the audit of complex activities. Over a period of time all activities in a particular
organisation will be subject to an audit. The period of time taken to complete audits of all activities is known as the
audit cycle. For small non-complex organisations, it may be possible to audit all activities at one time. For these
organisations the audit cycle is the interval between these audits.

Internal audits shall be carried out by persons sufficiently independent of the activity being audited to ensure an
impartial view. They may be carried out by employees of the organisation or by external parties (employees from
other organisations, employees from other parts of the same organisation or consultants).

2.2. Objectives

The organisations environmental auditing programme will define in writing the objectives of each audit or audit
cycle including the audit frequency for each activity.

The objectives must include, in particular, assessing the management systems in place, and determining conformity
with organisation’s policy and programme, which must include compliance with relevant environmental regulatory
requirements.

2.3. Scope

The overall scope of the individual audits, or of each stage of an audit cycle where appropriate, must be clearly
defined and must explicitly specify the:

1. subject areas covered;

2. activities to be audited;

3. environmental standards to be considered;

4. period covered by the audit.

Environmental audit includes assessment of the factual data necessary to evaluate performance.

2.4. Organisation and resources

Environmental audits must be performed by persons or groups of persons with appropriate knowledge of the
including knowledge and experience on the relevant environmental, management,
sectors and fields audited,
technical and regulatory issues, and sufficient
training and proficiency in the specific skills of auditing to
achieve the stated objectives. The resources and time allocated to the audit must be commensurate with the
scope and objectives of the audit.

The top organisation management shall support the auditing.

The auditors shall be sufficiently independent of the activities they audit to make an objective and impartial
judgement.

2.5. Planning and preparation for an audit

Each audit will be planned and prepared with the objectives, in particular, of:

(cid:151) ensuring the appropriate resources are allocated,

(cid:151) ensuring that each individual

involved in the audit process (including auditors, management, and staff)

understands his or her role and responsibilities.

Preparation will include familiarisation with activities of the organisation and with the environmental management
system established there and review of the findings and conclusions of previous audits.

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2.6. Audit activities

Audit activities will include discussions with personnel, inspection of operating conditions and equipment and
reviewing of records, written procedures and other relevant documentation, with the objective of evaluating the
environmental performance of the activity being audited to determine whether it meets the applicable standards,
regulations or objectives and targets set and whether the system in place to manage environmental responsibilities
is effective and appropriate. Spot-checking of compliance with these criteria may be used to determine the effec-
tiveness of the system.

The following steps, in particular, will be included in the audit process:

(a) understanding of the management systems;

(b) assessing strengths and weaknesses of the management systems;

(c) gathering relevant evidence;

(d) evaluating audit findings;

(e) preparing audit conclusions;

(f) reporting audit findings and conclusions.

2.7. Reporting audit findings and conclusions

1. A written audit report of the appropriate form and content will be prepared by the auditors to ensure full,
formal submission of the findings and conclusions of the audit, at the end of each audit and audit cycle.

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

2. The fundamental objectives of a written audit report are:

(a) to document the scope of the audit;

(b) to provide management with information on the state of compliance with the a organisations’ environmental

policy and the environmental progress at the organisation;

(c) to provide management with information on the effectiveness and reliability of

the arrangements for

monitoring environmental impacts of the organisation;

(d) to demonstrate the need for corrective action, where appropriate.

2.8. Audit follow-up

The audit process will culminate in the preparation and implementation of a plan of appropriate corrective action.

Appropriate mechanisms must be in place and in operation to ensure that the audit results are followed up.

2.9. Audit frequency

The frequency with which any activity is audited will vary depending upon the

(a) nature, scale and complexity of the activities;

(b) significance of associated environmental impacts

(c)

importance and urgency of the problems detected by previous audits;

(d) history of environmental problems.

More complex activities with a greater risk of environmental harm will be audited more frequently. An organisation
shall define its own audit programme and audit frequency taking account of Commission guidance.

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ANNEX III

ENVIRONMENTAL STATEMENT

INITIAL PROPOSAL

AMENDED PROPOSAL

3.1. Introduction

3.1. Introduction

information regarding the environmental

The aim of the environmental statement is to provide environ-
impact and
mental
performance of the organisation. It is also a vehicle to address
the stakeholder requirements identified as a result of Annex I B
3 and considered as significant by the organisation (Annex VI 4 d).
Although the organisation is not
required to produce the
information detailed in 3.2 in a single report it is important that
this information can be presented in a clear and coherent manner
in hard copy to those who have no other means of obtaining this
information.

requirements

information regarding the environmental

The aim of the environmental statement is to provide environ-
impact and
mental
performance of the organisation. It is also a vehicle to address
the interested parties’
identified as a result of
Annex I B 3 and considered as significant by the organisation
(Annex VI 4 d). Although the organisation is not required to
produce the information detailed in 3.2 in a single report it is
important that this information can be presented in a clear and
coherent manner in hard copy to those who have no other means
of obtaining this information.

3.2. Environmental statement

3.2. Environmental statement

information,

Upon its first registration an organisation shall produce environ-
mental
the environmental
to be referred to as
statement,
to be validated by the environmental verifier. This
information must be submitted to the competent body following
validation, and then be made publicly available.

information,

Upon its first registration an organisation shall produce environ-
mental
the environmental
to be referred to as
statement,
to be validated by the environmental verifier. This
information must be submitted to the competent body following
validation, and then be made publicly available. The environmental
statement is a tool for communication and dialogue with interested
parties regarding environmental performance. The organisation
shall consider the information needs of
the public and other
interested parties when writing and designing the environmental
statement.

The minimum requirements for
follows:

this information shall be as

Unchanged

(a) A clear and unambiguous description of the organisation regis-
tering to EMAS and a summary of its activities, products and
services and its relationship to any parent organisations as
appropriate

(b) The environmental policy of the organisation

(c) A description of all the significant environmental impacts of
that

the nature of

the organisation and an explanation of
impact

(d) A description of the environmental objectives and targets in

relation to the significant environmental impacts

(e) A summary of the data available on the performance of the
organisation against its environmental objectives and targets
with respect to its significant environmental impacts

(f) Other factors regarding environmental performance

(g) The name and accreditation number of

the environmental

verifier and the date of validation

The Commission shall lay down guidelines concerning the form
and minimum content of the environmental statements in order to
improve their clarity and uniformity.

3.3. Maintenance of publicly available information

Unchanged

The organisation must update the information detailed in 3.2
yearly and shall have any changes validated yearly by an environ-
mental verifier. After validation changes shall also be submitted to
the competent body and be made publicly available.

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INITIAL PROPOSAL

AMENDED PROPOSAL

3.4. Publication of information

3.4. Publication of information

Organisations may wish to address specific audiences with the
information generated by its environmental management system
and use only selected information from the environmental
statement. Any environmental information published by an organi-
sation can bear the EMAS logo provided it has been validated by
an environmental verifier as being:

Organisations may wish to address different audiences or interested
parties with the information generated by its environmental
management system and use only selected information from the
environmental
information
published by an organisation can bear the EMAS logo provided
it has been validated by an environmental verifier as being:

statement. Any

environmental

(a) Accurate and non deceptive

(b) Substantiated and verifiable

(a) Accurate and non deceptive

(b) Substantiated and verifiable

(c) Relevant and used in an appropriate context or setting

(c) Relevant and used in an appropriate context or setting

(d) Representative of the overall environmental performance of the

(d) Representative of the overall environmental performance of the

organisation

organisation

(e) Unlikely to result in misinterpretation

(e) Unlikely to result in misinterpretation

and makes reference to the environmental statement from which it
was drawn.

and makes reference to the environmental statement from which it
was drawn.

3.5. Local accountability

Unchanged

environmental

Organisations registering to EMAS may wish to produce one
a number of
corporate
statement
different geographic locations. The intention of EMAS is
to
ensure local accountability and thus organisations must ensure
that where sites have significant environmental impacts these are
clearly identified and reported within the corporate statement.

covering

3.6. Public availability

The information generated in 3.2 a-g which forms the environ-
mental statement for an organisation and the updated information
specified in 3.3 must be publicly available. This does not mean
that an organisation must publish and print one single document
and distribute it on request. Organisations are encouraged to use
libraries etc.) The
all methods available (electronic publication,
organisation must be able to demonstrate to the environmental
verifier
in the organisations
environmental performance can easily and freely gain access to
the information required in 3.2 a-g and 3.3.

individuals with an interest

that

3.7. Performance reporting

3.7. Performance reporting

The raw data generated by an environmental management system
will be used in a number of different ways to show the environ-
mental performance of an organisation. If an organisation uses
environmental performance indicators
(e.g. energy usage per
tonne of product) it must ensure that any performance indicators
it selects:

(a) Give an accurate appraisal of the organisations performance

(b) Are understandable and unambiguous

(c) Allow for year on year comparison of an organisations

performance

(d) Allow for comparison with sector, national or

regional

benchmarks as appropriate

(e) Allow for comparison with regulatory requirements as appro-

priate.

The raw data generated by an environmental management system
will be used in a number of different ways to show the environ-
are
mental performance of
encouraged to use environmental performance indicators where
appropriate (e.g. energy usage per tonne of product).
In this
case, the organisation must ensure that any performance indicators
it selects:

an organisation. Organisations

(a) Give an accurate appraisal of the organisations performance

(b) Are understandable and unambiguous

(c) Allow for year on year comparison of an organisations

performance

(d) Allow for comparison with sector, national or

regional

benchmarks as appropriate

(e) Allow for comparison with regulatory requirements as appro-

priate.

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ANNEX IV

Logo

P.M.

ANNEX V

ACCREDITATION, SUPERVISION AND FUNCTION OF THE ENVIRONMENTAL VERIFIERS

5.1. General

The accreditation of environmental verifiers shall be based on the following general principles of competence.
Accreditation bodies may choose to accredit individuals, organisations or both, as environmental verifiers. The
procedural requirements and detailed criteria for accrediting environmental verifiers are defined according to
Article 4 of this Regulation by national accreditation systems in conformity with these principles. It will be
ensured through the peer review process established by Article 4.

5.2. Requirements for the accreditation environmental verifiers

5.2.1. The following competence constitutes the minimum requirements with which a verifier,

individual or

organisation, shall comply:

(cid:151) Knowledge and understanding of

the Regulation, relevant standards and guidance issued by the

Commission, under Article 4 and 14, for the use of this Regulation

(cid:151) Knowledge and understanding of the legislative, regulatory and other policy requirements relevant to the

activity subject to verification

(cid:151) Knowledge and understanding of environmental issues

(cid:151) Knowledge and understanding of the technical aspects, relevant to environmental issues, of the activity

subject to verification

(cid:151) Understanding of the general functioning of the activity subject to verification in order to assess the

appropriateness of the management system

(cid:151) Knowledge and understanding of environmental auditing requirements and methodology

(cid:151) Knowledge of information audit (Environmental Statement)

In addition, the verifier shall be independent, impartial and objective in performing his activities.

5.2.2. Scope of accreditation

The scope of accreditation of environmental verifiers shall be defined according to the classification of
economic activities (NACE codes) as established by Council Regulation (EEC) No 761/93 (OJ L 83 3.4.1993).
The competence and size of the scope of accreditation of the verifier shall be commensurate to the size and
complexity of the organisation to be verified.

5.2.3. Additional requirements for the accreditation of individual environmental verifiers performing verifications

on their own.

Individual environmental verifiers performing verification on their own, in addition to complying with the
requirements of 5.2, shall have:

(cid:151) all the necessary competence to perform verifications, in their accredited fields,

(cid:151) a limited scope of accreditation dependant on their personal competence.

Compliance with these requirements will be ensured through the supervisory role of the accreditation body.

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5.3. Supervision of environmental verifiers

5.3.1. Supervision of accredited environmental verifiers by the accreditation body which granted their accreditation

The accredited environmental verifier must immediately inform the accreditation body of all changes which
have bearing on the accreditation or its scope.

Provision shall be made, at regular intervals not exceeding 12 months, to ensure that the accredited
environmental verifier continues to comply with the accreditation requirements and to monitor the
quality of the verifications undertaken. Supervision may consist in questionnaires, review of environmental
statements validated by the verifiers, review of verification report, witnessing in organisations. It should be
proportionate with the activity undertaken by the verifier.

Any decision taken by the accreditation body to terminate or suspend accreditation or curtail the scope of
accreditation shall be taken only after the accredited environmental verifier has had the possibility of a
hearing.

5.3.2. Supervision of accredited environmental verifiers by the accreditation body of the Member States where the

verification takes place

A verifier accredited in one Member State, before performing verification activities in another Member State,
shall only provide to the accreditation body of the latter Member State, at least four weeks in advance,
notification of:

(cid:151) his accreditation details, and team composition if appropriate

(cid:151) when and where the verification will occur: address and contact details of the organisation, measures

taken to deal with legal and language knowledge if necessary

This notification shall be communicated before each new verification.

The accreditation body shall not require other conditions which would prejudice the right of the verifier to
provide services in another Member State than the one where accreditation was granted. It shall not also use
the notification procedure to delay the venue of the verifier. Any difficulty to supervise the verifier on the
date communicated shall be adequately justified.

If the supervising accreditation body is not satisfied with the quality of the work done by the verifier, the
supervision report shall be transmitted to the verifier concerned, the accreditation body which granted the
accreditation, to the competent body where the organisation being verified is located and the forum of
accreditation body.

5.4. The function of verifiers

5.4.1. The function of the verifier is to check, without prejudice to the enforcement powers of Member States in

respect of regulatory requirements:

(a) compliance with all the requirements of this Regulation: initial environmental review if appropriate,
environmental management system, environmental audit programme and the environmental statement

(b) the reliability of the data and information in:

(cid:151) The environmental statement (Annex III 3.2 and 3.3)

(cid:151) Extracts from the environmental statement (Annex III 3.4)

(cid:151) Environmental information (Article 8.3)

The verifier will, in particular, investigate in a sound professional manner, the technical validity of the initial
environmental review, if appropriate, or audit or other procedures carried out by the organisation, without
unnecessarily duplicating those procedures.

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5.4.2. At the time of the first verification, the environmental verifier shall, in particular, check that the following

requirements are met by the organisation:

(cid:151) A fully operational environmental management system in accordance with Annex I

(cid:151) A fully planned audit programme, which had already begun (At least one audit performed of the activity

with the highest environmental risk) in accordance with Annex II

(cid:151) Completion of one management review

(cid:151) The preparation of an environmental statement in accordance with Annex III 3.2

5.4.3. Legal compliance

The verifier should establish that an organisation has procedures in place to control those aspects of its
operations subject to relevant Community or national
laws and that these procedures are capable of
delivering compliance. The checks of the audit will, in particular, provide for evidence on the capability
of the procedures in place to deliver legal compliance.

The verifier should not validate the environmental statement, if during the verification process he observes,
for example through spot-checks, that the organisation is obviously not in legal compliance.

5.4.4. Organisation definition

When verifying the EMS and validating the environmental statement, the verifier shall ensure that the
components of the organisation are unambiguously defined and corresponds to a real division of the
activities. The content of the statement shall clearly cover the different parts of the organisation to which
EMAS applies.

5.5. Conditions for the verifier to perform his activities

5.5.1. The verifier will operate on the basis of a written agreement with the organisation which defines the scope
of the work, enables the verifier to operate in an independent professional manner and commits the
organisation to providing the necessary cooperation.

5.5.2. The verification will

in
particular, interviews with personnel, preparation of a report to the organisations’ management and the
organisations’ solution of the issues raised by the report.

involve examination of documentation, a visit

to the organisation including,

5.5.3. The documentation to be examined in advance of the visit will

include basis information about the
organisation and activities there, the environmental policy and programme, the description of the environ-
mental management system in operation in the organisation, details of the previous initial environmental
review or audit carried out, the report on that review or audit and on any corrective action taken afterwards,
and the draft environmental statement.

5.5.4. The verifier shall prepare a report for the organisations’ management. This report shall specify:

(a) all issues relevant to the work carried out by the verifier

(b) the starting point of the organisation towards implementation of an environmental management system

(c) in general, cases of non-conformity with the provisions of this Regulation, and in particular;

(cid:151) technical defects in the initial environmental review, or audit method, or environmental management

system, or any other relevant process;

(cid:151) points of disagreement with the draft environmental statement,

together with details of

the

amendments or additions that should be made to the environmental statement

(d) the comparison with the previous statements and the performance assessment of the organisation.

5.6. Verification frequency

The verifier shall at intervals not exceeding 12 months validate any updated information in the environmental
statement. In addition, in consultation with the organisation he will design a programme to ensure that all elements
required for registration to EMAS are verified in a period not exceeding 36 months. The frequency of the visits of
the environmental verifier to the organisation shall take into account Commission guidance.

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ANNEX VI

ENVIRONMENTAL ASPECTS

6.1. General

In order to decide on its significant environmental impacts an organisation shall consider all environmental aspects
of its activities, products and services and decide on the basis of criteria, defined by the organisation, which of its
environmental aspects have a significant impact.

An organisation shall consider both direct and indirect environmental aspects of its activities, products and services.

6.2. Direct environmental aspects

These cover the activities of an organisation over which it has management control and are local to the organi-
sation and may include but is not limited to

(a) emissions to air

(b) releases to water

(c) waste management.

(d) contamination of land

(e) use of natural resources and raw materials (including energy)

(f)

local issues (noise, vibration, odour, visual appearance, etc.)

(g) transport issues (both for goods and services and employees)

In assessing the significance of the environmental impacts of these activities the organisation shall think not only of
normal operating conditions but also of start up and shut down conditions and of reasonably foreseeable
emergency conditions. Account shall be taken of past, present and planned activities, products and services.

6.3. Indirect environmental aspects

As a result of the activities, products and services of an organisation there may be significant environmental
impacts over which it does not have management control or occur at a distance from the organisation.

These may include but are not limited to

(a) product related issues (design, packaging, transportation, use and waste recovery/disposal)

(b) capital investments, granting loans and insurance services

(c) new markets

(d) choice and composition of services (e.g. transport or the catering trade)

(e) administrative and planning decisions

(f) product range compositions

In addition, organisations must be able to demonstrate that the significant environmental aspects associated with
their procurement procedures have been identified and that significant impacts associated with these aspects are
addressed within the management system.

The environmental aspects shall be relevant within the framework of the environmental programme, the environ-
mental management system and the environmental audit insofar as the organisation has set itself objectives.

In the case of these indirect environmental aspects an organisation should consider how much influence it can have
over these aspects, and what measures can be taken to reduce the impact.

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6.4. Significance

It is the responsibility of the organisation to define criteria for assessing the significance of the environmental
aspects of its activities, products and services. It is not intended that a detailed life cycle analysis is carried out
however the criteria developed by an organisation should be comprehensive, capable of independent checking, and
reproducible.

Considerations in establishing the significance of an organisation’s environmental aspects may include but is not
limited to:

(a) identification of activities, products and services of the organisation’s operations, the specific environmental
aspects associated with those activities, products and services, and the type of impact related to each environ-
mental aspect.

(b) collection of information about the condition of the environment to identify activities, products and services of

the organisation that may have an impact on specific conditions.

(c) assessment of the organisation’s existing data on material and energy inputs, discharges, wastes and emissions

data in terms of risk.

(d) identification of the views of stakeholders and the use of this information to help establish the organisation’s

significant environmental aspects.

(e) identification of environmental activities of the organisation that are regulated, for which data have likely been

collected by the organisation.

(f)

identification of procurement activities that are significant in terms of the direct and indirect environmental
impacts of the organisation

(g) consideration of the design, development, manufacturing, distribution, servicing, use, re-use, recycling and

disposal of the organisation’s products.

(h) identification of those activities of the organisation with the most significant environmental costs, benefits or

other financial effects.

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ANNEX VII

INITIAL ENVIRONMENTAL REVIEW

7.1. General

An organisation with no existing environmental management system recognised under Article 9 must initially
establish its current position with regard to the environment by means of a review. The aim should be to consider
all environmental aspects of the organisation as a basis for establishing the environmental management system.

7.2. Requirements

The review should cover four key areas:

(a)

legislative and regulatory requirements;

(b) an identification of significant environmental aspects;

(c) an examination of all existing environmental management practices and procedures;

(d) an evaluation of feedback from the investigation of previous incidents

In all cases, consideration should be given to normal and abnormal operations within the organisation, and to
potential emergency conditions.

A suitable approach to the review may include checklists, interviews, direct inspection and measurement, results of
previous audits or other reviews depending on the nature of the activities.

The process to identify the significant environmental aspects associated with the activities at operating units should
where relevant, consider

(a) emissions to air

(b) releases to water

(c) waste management

(d) contamination of land

(e) use of raw materials and natural resources

(f) other local environmental and community issues

This process should consider normal operating conditions, shut-down and start-up conditions, as well as the
realistic potential significant impacts associated with reasonably foreseeable or emergency situations.

The process is intended to identify significant environmental aspects associated with activities, products or services
and is not intended to require a detailed life cycle assessment. Organisations do not have to evaluate each product,
component or raw material input. They may select categories of activities, products or services to identify those
aspects most likely to have a significant impact.

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ANNEX VIII

REGISTRATION INFORMATION

Minimum Requirements

Name of the organisation:

..............................................................................................................................................................

Address of the organisation:

..........................................................................................................................................................

Contact person:

.................................................................................................................................................................................

NACE code of activity:

....................................................................................................................................................................

Number of employees:

.....................................................................................................................................................................

Name of the verifier:

.......................................................................................................................................................................

Accreditation number:

.....................................................................................................................................................................

Scope of accreditation:

....................................................................................................................................................................

Date of the next environmental statement:

...............................................................................................................................

Name and contact details of the competent enforcement authority for the organisation:

.................................................................................................................................................................................................................

Done at ......................................................... on ............... 199. .

.............................................................................................................

Signature of the representative
of the organisation