CELEX: 51993PC0097
Language: en
Date: 1993-03-16
Title: Amended proposal for a COUNCIL REGULATION (EEC) allowing voluntary participation by companies in the industrial secto rin a Community Eco-Management and Audit Scheme

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)
 ---pagebreak---                                    - 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.
 ---pagebreak---                                    - 2 -
                                                    radical      technical or
Some unacceptahle amendments Involve major P             ^     s     £?ft'2!
,egal problems. This: • • • £ , " « * • » * • applicable or the g
derogations from regulatory requ.
f.nancla. aids to companies.                                lncorpor«ted Into
 ^ 5 . 1 1 »rch.t.ctur. o ' ^ n ' ^ n S pr.etlc.l constraints.
 various relevant legal, teenn                      follows    „,th amendments
 accepted by the Con-lsston alongsi
 ---pagebreak---   ORIGINAL TEXT                                        AMENDED TEXT
  Proposal for a Council                              Proposal for a council
  regulation (EEC) allowing                           regulation (EEC) allowing
  voluntary participation toy                         voluntary participation by
  companies in the industrial                         companies in the industrial
  sector in a Community Eco-                          sector in a Community Eco-
  Audit Scheme                                        Management and Audit Scheme
                                                      (Consequently, in the
                                                      following sections the words
                                                      «Eco-audit scheme** are
                                                      replacedtoy**JBco-Manaaement
                                                      flirtftudltscheme**:
                                                      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)
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    to the opinion     of the European
Parliament,
 Having regard 10 the opinion of the Economic and
Social Committee,
                                                        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)
 ---pagebreak--- OI1GINAJLTEXT                                               AMJmDE&TEXT
Whereas tike objectives of the C o m m u a i s environment  Numbered a s 2 .                (Ref. EP
polsy, as «et out in die Treaty and detailed ia the         Amendment No. 2)
European Community** action programmes «a die
environment for 1973 Q . **" W 7 7 0 . * * 1 9 S 3 0 ***
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;
 Whereas, ia particular, die fourth Community action         Numbered as 3* (Ref, EP
 programme oa the environment htghughts die need to         Amendment No. 2)
 develop a more integrated policy on pollution control;
                                                             4 , Whereas i n t h e F i f t h
                                                             Action Programme «Towards
                                                             Sustainabilitv** t h e r o l e and
                                                             r e s p o n s i b i l i t i e s of companies
                                                             e r e underXlftefl, ftQtll "fro
                                                             reinforce XJ^.SSSDSiSB^MSâJfcg*
                                                             p r o t e c t t h e environment,
                                                             throndhont t h e Community*
                                                              (Ref. EP Amendment No. 4)
 Whereas die Council declared, ia its resolution of          Numbered a s 5 .                (Ref. EP
  19 October 19*7 ronocramg die fourth action                Amendment No. 2 )
  programme oa the euvuonmcnt Q , «bat A was
  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          Numbered a s 6 .               (Ref. EP
   7 June 1990 on the freedom of access to information on      Amendment No. 2)
   the environment O ;
 ---pagebreak--- 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 t o
                                                           drastically reduce those
                                                           effects in the short, medium
                                                           and longer term as
                                                           appropriate;      (Ref- *&
                                                           Amendment No. 5 )
Whereas companies, ia particular industrial companies,     Numbered as 8. (Ref. EP
 are faced with constantly growing, far-corning and        Amendment No. 2)
complex tasks aad letpotwiwBdes «dated ta die
 •tsetsmeaw control, prcvauioa or reducdoa of the
 environmental impact of their activities;
 Whereas these tasks and responsibilities call for          Numbered as 9. (Ref. EP
 companies to establish effective environmental protection
 systems;                                                  Amendment No. 2)
Whereas the application of environmental protection          10. Whereas the application
 systems by companies cannot be separated from the need     of environmental protection
 to ensure appropriate participation by workers in the       systems by companies cannot be
 establishment and implementation of such systems and        separated from the need to
 from the need to promote greater protection of the          ensure the widest involvement
 safetv and health of workers;                               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)
  Whereas the use of environmental auditing techniques,      Numbered a s 1 1 .  (Ref. EP
  within ihe framework of such environmental protection      Amendment N o . 2)
  systems, is particularly important for the systematic,
  regular and objective evaluation of environmental
  performances and facilitates improvement of such
  peifoimances;
 ---pagebreak--- OMGINAI.TEXT                                              AMENDED T E X T
Whereas the establishment of cmnronmcatal protection      12*. Whereas the establishment
systems and die use of environmental aodking ia this      of environmental management
context are more advanced in the industrial sector;       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 s o i n 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 i n particular
                                                          sector i n order t o prevent or
                                                          l i m i t the growth of i t s impact
                                                          on the environment, i n
                                                          particular a s a p o s s i b l e
                                                          consequence of t h e s i n g l e
                                                          market, and i n public
                                                          administrations, which should
                                                          s e t an example, s o t h a t these
                                                          sectors represent p r i o r i t i e s
                                                           for the future development of
                                                          t h i s scheme: (Ref. EP
                                                          Amendment No. 8)
 Whereas the public is showing growing interest in infor-   Numbered as 14. (Ref. EP
  mation about the environmental performances of            Amendment No. 2)
 companies;
                                                            15. Whereas t h e provision of
                                                            information t o t h e p u b l i c by
                                                            companies i s an e s s e n t i a l
                                                            element of good environmental
                                                            management ; (Ref. EP
                                                            Amendment No. 9)
 ---pagebreak--- ORIGINAL T E X T                                          AMENDE» TEXT
 Whereas camomucctal auditing, implemented vrithin an     Numbered as 16. ( R e f . EP
 @ppxopna«e framciroek. can provide both aa «jsectm       Amendment No. 2)
 ©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          17. Whereas a flexible
 scheme for the evaluation and improvement of the         Community scheme for the
 earixoamental pcrCorminrr of certain activities would    evaluation and improvement of
 also sdmukte further developments ia areas such as staa- environmental performance
 dttdrratioo aad certification of internai environmental  would also stimulate further
 management systems;                                      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)
  Whereas it is therefore necessary and appropriate to     Numbered a s 19. ( R e f . EP
  encourage companies to introduce environmental           Amendment No. 2)
  protection systems tnchtdmg audit programmes and to
  promote systematic sound mfbrmation for die public on
  companies* environmental policy, programmes,
  management and performance and, in particular, on the
  link between health and the environment;
  Whereas the best means of achieving this end is to        20. Whereas a means of
  establish a Community scheme allowing voluntary           achieving this end is to
  participation by companies;                               establish a Community scheme
                                                            encouraging participation by
                                                            companies; (Ref. EP Amendment
                                                            No. 13)
 ---pagebreak--- ORIGWALTEXT                                                AMENDED TEXT
Whereas the aims of such a scheme should be to              2JUL  Whereas, fry establishing
promote die introduction of effective pcotecdon systems,     an environmental policy.
in the light of initial comprehensive and detailed           environmental programmes and
environmental reviews, to lay down the essential            objectives and a management
requirements for environmental auditing, within the          system, in accordance to the
framework of such protection systems, and to inform the
public on the basis, in particular, of the audit findings,   requirements of this schemeT a
about the environmental performances of companies;           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)
 Whereas it is necessary t o provide for independent vali-  Numbered a s 2 3 . (Ref. EP
 dation, by accredited environmental auditors, of the       Amendment No. 2)
 environmental statements (or the public, in order 10
 guarantee the reliability and representativeness of such
 information;
 Whereas it is necessary t o establish the conditions and   Numbered as 24 . (Ref.   EP
 procedures for the accreditation of environmental          Amendment No. 2)
 auditois and procedures for preventing any distortion of
 the validation activities within the framework of this
 Regulation,
 ---pagebreak---       •fsjl
        "MÂLTEOT                                            AMENDED TEXT
'Wbszzm «his Regulation could need revision, particularly   25. Whereas this Regulation
of m f cope» in the E*jbt of the experience gamed in the    could need revision,
first years of its implementation; whereas, therefore, an   particularly in respect of tfre
effective procedure is necessary for such revision.         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)
 HAS ADOPTED THIS REGULATION:
                  Article 1
The Eco-ttudit scheme and it* objectives                    The Eoo-Manaoement and Audit
                                                            scheme and its objectives
 1. A Community scheme allowing voluntary partici-          1. A Community scheme
 pation by industrial companies, hereinafter referred to as allowing voluntary
 the *Eco-audit scheme*» is hereby established for the      participation by companies
 craluatioa and improvement of die environmental
 performance of industrial activities and the provision of  activities ,s hereinafter
 the relevant information to the public.                    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)
  2.     The objective of the Eco-audit scheme shall be to
  promote      improvements      m     the   environmental
  performance of industrial activities by:
  (a) the establishment and implementation of environ-
       mental ^fotection systems by companies;
 ---pagebreak---                                                              It)
ORIGINAL TEXT                                                    AMENDED TEXT
(b) the systematic, objective and periodic evaluation of         #D% the systematic, objective
      the environmental performance o f such systems;                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' o n environmental
       performance t o 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 t o 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;
 ---pagebreak---                                                                          11
                     .TEXT                                                  AMENDED TEXT
     .."ivtroctncotal maoagemeat system* means the
                                                                             *e) "environmental management
    *„, .:gAai2»ôonaî structure, responsibilities, practices,,                   system®* means 1foat part
    psrooedurcs,            processes       and      resources      for
    implementing eaxnroomental management;                                       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 t o evaluate performance;
 (i) 'environmental              statement'    means      a   statement
      prepared by the c o m p a n y              in line with the
      requirements of this R e g u l a t i o n a n d , in particular, of
      Article 5 ,
 (() 'iiuhistri.il a< I I M C ' m e a n s .my activity listed undei
      set u o n s C and l> of the classification of economic
      activities in the E u r o p e a n C o m m u n i t y ( N A C L rev.
       1), as established by C o u n c i l Regulation ( E E C ) N o
       3 0 3 7 / 9 0 {'), t>-'ith t h e addition of electricity, gas,
      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 o n or disposal of solid or liquid
       WJMf ,
 ---pagebreak---                                                                12
OWGINALTEXT                                                       AMENDED TEXT
 <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;
 ---pagebreak---                                                         13
RIGINALTEXT                                                AMENDED TEXT
 to establish and implement, m the light of the results        to establish and
 of an initial environmental review, in fine with die          implement, in the light
 criteria in Annex I and ensuring appropriate partici-         of the results of an
 pation by workers and their representatives, an               initial environmental
 environmental protection system applicable to all
 activities at the site,
                                                               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, a s complying
                                                               with a standard referred
                                                               to in Article 6.2, (Ref.
                                                               EP Amendment No. 27)
  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         to examine, at the
  findings of the audit and, in the light thereof and          highest appropriate
  within the framework of their environmental                  management level, all the
  programme, set objectives and measures aimed at
  continuous improvement of their environmental
                                                               findings of the audit
  performance,                                                 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)
 ---pagebreak---                                                                          I n
)RIGINALTEXT                                                                AMENDED TEXT
      to prepare an environmental statement specific to                          to prepare annually an
      each she audited with the same frequency as die                            environmental statement
      environmental audit,                                                       specific to each site
                                                                                 audited, (Ref. EP
                                                                                 Amendment No. 29)
       to have the environmental statement validated by                          to have the environmental
       accredited environmental auditors to confirm that the                     statements validated by
       data and information contained therein are reliable                       accredited environmental
       and that all the significant environmental issues of                      verifiers, at the time
       relevance to the site are covered in sufficient detail.                   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 the environmental statements validated by                           to submit each
       accredited environmental auditors to the competent                        environmental statement
       body and keep them at the disposal of the public.                         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 EP Amendment No.
                                                                                 31)
 2.      Companies which decide t o participate in the
 Eco-audit scheme for a given site shall, after having
 carried out an initial environmental review of the site,
 established an environmental protection system, a n d
 prepared an environmental statement, submit the first
 •cnvtror.meniâ! statement validated by an e n v i r o n m e n t a l
 a u d u o ; . i:viuOtng ;';.f m f o r m a u o i i referred t o in Annex
  I V , to the competent body referred to in Article 10.
    3.     T h e commitments defined in this A r u c l e shall apply
    without prejudice to t h e action decided u p o n by t h e
    Member States within the framework of p o i n t (a) of
    Article I? ( H
 ---pagebreak---                                                                <LB
   UGXNALTEXT                                                     AMENDED TEXT
                           Article 4
   andardizatioa of cuvkoumental management systems
   he Commission shall request the appropriate European           The Commission shall request
  jndardization bodies to develop and adopt standards             the European Committee for
  •>t environmental management systems based on the               Standardization (CEN) to
  riteria in Annex I, taking into account the objectives,         develop and adopt a standard
  rindptes and provisions of this Regulation.
                                                                  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)
                           Article i
                  Environmental statement
I. An environmental statement shall be prepared lor                1. An environmental statement
a d t site participating in the Eco-audit scheme, under            shall be prepared for each
h e control of company iff^i^fjfnvfffff Pi*d o n the basis, in     site participating in the Eco-
particular, o f each environmental audit or, lor the first
statement, o f the initial environmental review. It shall be
                                                                   Management and Audit scheme,
written specifically for the public in a concise,                  under the control of company
non-technical form.                                                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)
2.      The environmental statement shall include, in
particular, the following contents:
      a description of the company's activities at the site
     considered.
 — a Cci.tilcd r>>>cssmriu of all the significant cr.vnon-               an assessment of all the
      mental issue* of relevance to the activities concerned.            significant environmental
                                                                         issues of relevance to
                                                                         the activities concerned;
                                                                         (Ref. EP Amendment No.
                                                                         34)
 ---pagebreak---                                                           16
îRICflNALTErCr                                               AMENDED TEXT
— a summary of the figures on pollutant emissions,                 a summary of the figures
  waste generation, raw material, energy and water                on pollutant emissions,
  consumption and other significant environmental                 waste generation,
  aspects, as appropriate.                                         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                   a presentation of the
   policy, programme and specific objectives for the sac          company's environmental
   considered.                                                    policy, programme and
                                                                  specific objectives, as
                                                                  eventually adjusted,
                                                                  including environmental
                                                                  protection investments,
                                                                  for the site considered;
                                                                  (Ref. EP Amendment Ko.
                                                                  36)
   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     The statement shall be
out in Annex 11.                                              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)
 ---pagebreak---                                                          î y
     m
     j.'Asriu.'  TEXT                                        AMENDED TEXT
                         Article 6
     Organisation of aodcCmg and validation activities     Organisation of auditing
                                                           activities
 L The environmental audit of a site may be
 x r ducted either by the company's auditors, if the        1. The internal environmental
 company has set up ks own appropriate system, for         audit of a site may be
 Kcrraple within the framework of die EN 29000
 K-i^dard, or by external auditors accredited for dûs      conducted bv either auditors
purpose by a body recognized by the Member State. In       belonging to the company or
both cases die audit shall be performed in line with the   external persons or
criteria set oat in Annex I and, in particular, talcing    organisations acting on its
account of «he IS010011 standards on anditnrt* qualifi-    behalf. In both cases the
cations (part 2) and on audit procedures {part 1).         audit shall be performed in
                                                           line with the criteria set out
                                                           in Annex X and, in particular,
2. The Environmental statements shall be validated by      taking account of the ISO
accredited environmental auditors, in une with die         10011 standards on auditors'
criteria set out in Annex IL                               qualifications (part 2) and
                                                           audit procedures (part 1) .
Accredited environmental auditors shall not divulge,
without authorization from die company management,
any information or data obtained in die course of then-    Organisation of validation
validation activities.                                     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 t h
                                                             standards
                                                             i. Companies certified as
                                                             complying, at given sites.
                                                             w i th :
 ---pagebreak--- 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.
 ---pagebreak---                                                                 19
     'IGMAÏ^TEXT                                                    AMENDED TEXT
                                                                   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)
3.     The Commission shall request 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 e s shall ensure, within 12 m o n t h s 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. T o this end. Member
States ni.iv either use existing certification institutions o r
doM:',n.nr or \ci up o;!i< i a p p i o p n a i e bodies
 ---pagebreak--- OMGINAI.TEXT                                                  AMENDED TEXT
l-i establishing the abovemenôoned conditions and
                                                              (Refer to Annex XX.A)  (Ref.
procedures, the accreditation systems in the Member           EP Amendment No. 44)
States shall take account of the criteria set out in Annex
ÏÏ. Member States shall inform the Commission in
advance of the measures they intend to adopt on this
subjeu. These measures must be approved by the
Corrrnission before they can b e 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.
 2. T V ****£**+** b e x l i ^ A * industrial eionfederatîons
 concerned, non-governmental environmental                and
 consumer c^ganizations and «cade unions shall be
 entitled t o rnmrirmr i a setting up and directing, in line
 with the roles and procedures established by the Member
 States, die accreditation systems referred t o i a 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 h e 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         The Commission shall publish
  in the Official Journal of the European Communities.           annually an overall Community
                                                                 list in the Official Journal
                                                                 of the European Communities.
                                                                 (Ref. EP Amendment No. 49)
 ---pagebreak---                                                               21
                                                                 A M E N D EDTEXT
                     ECT
>ItfGlNAI'*
                           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 i l the condition? ot t h i s
                                                                      Reqttlationi (Ref. EP
                                                                      Amendment Ho* SO)
                                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
          , ^log„^^--**«n^^:xdJ:
          which sites arc participating.
          The logo may be used:
                                 environmental statements,
               on the company s
 ---pagebreak---                                                              22
ORIGINAI/IECT                                                   AMENDEDTEXT
— 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 w e 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;
 ---pagebreak---                                                            23
ORIGINALTEXT                                                 AMENDED TEXT
(b) simptixying and/or reducing the practical verification   (b) simplifying and/or
    and inspection formalities under certain conditions,          reducing the practical
    in particular for small and medium-sized enterprises;         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)
(c) advertising and informing die public of die Eco-audk
                                                              lâl encouraging industrial
                                                                   flggoçjfttiong In their
                                                                   activities to promote jais,
                                                                   introduction fry companies
                                                                   of environmental
                                                                   management systemst
                                                                   (Ref. EP Amendment No.
                                                                   56)
                                                              When drawing U P 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)
 ---pagebreak---                                                            24
ORIGINALTEXT                                                 AMENDED TEXT
Member States shall inform the Commission immediately
of the measures they take within theframeworkof this
Arucle.
2. The Commission, having consulted the two sides of        2. The Commission, having
industry, shall present proposals to the Council aiming at  consulted the organisations
greater participation in the Eco-audit scheme by small      representing at community
and medhim-stzed enterprises, in particular by providing    level the interest groups more
information, training and technical assistance.
                                                            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.
 ---pagebreak---                                                             2U
                                                              AMENDED T E X T
              /jjexT
                                                                         Article 14
                            Article 13
                                                                         Revision
                             Revision
                                                                Four years after entry into
Foui years after die entry into force of dus Regulation,        force of this Regulation, the
the Commission shall review the Eco-audit scheme in the         Commission shall review the
light of the experience gained during its operation and         Eco-ttanaqement and Audit
shall, if necessary, propose to the Council the appro-          scheme in the light of the
 priate ajactxlments, particularly- to the scope and nature     experience gained during its
 of the scheme.                                                 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)
   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 15
                                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.
    T W $*<%>date4M 4**U fee heading in ks entirety and
     exm-oky apspéieaîbie in a& SMemher States.
 ---pagebreak---  ---pagebreak---            :                                                          AMENDED T.OCT
            x*nsacr
         prevention and limitation                                              prevention and limitation
         of accidents.                                                          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                                          C. Environmental performance
w i l l be assessed by reference                                      w i l l be a s s e s s e d by r e f e r e n c e
t o t h e Community and n a t i o n a l                               t o company's environmental
standards applicable t o t h i s                                      p o l i c y which must include
f i e l d and t o t h e b e s t                                       compliance w i t h a l l r e l e v a n t
available p o l l u t i o n abatement                                 reo^Xatorv_requirement:s
technologies, a s defined                                             regarding tfre envlropmen^aBâ
within t h e framework o f                                            take account o f p o s s i b l e c l e a n
Community l e g i s l a t i o n .                                     t e c h n o l o g i e s . (Ref. EP
                                                                      Amendment No. 67)
               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 t o prevent accidental emissions of materials or
                     **»Ctfry.
 ---pagebreak---                                                                       2S
ORIGINÀI,TEXT                                                             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, t o establish
             and update records o f 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 m a th*- impact of any accidents that nevertheless occur.
         11. Management shall provide the public with the iofotmanon necessary to understand the potential
             environmental impact o f the company's activities and shall be prepared t o respond positiver/ t o
              expressions o f public concern.
                                                                           11a       Management s h a l l provide
                                                                                     the p u b l i c with
                                                                                      information on t h e
                                                                                     measures taken t o
                                                                                     minimize t h e s i t e ' s
                                                                                      impact on t h e environment
                                                                                     and on p u b l i c h e a l t h .
                                                                                      (Ref. EP Amendment No.
                                                                                      69)
        12. Management shall provide appropriate advice to customers o n the prevention o f 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 t o 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 o f 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.
 ---pagebreak--- )WGINAI,lKJCr                                                         A M E N D E D TEXT
    The objectives must include,                                      The objectives must include,
    in particular, assessing the                                      in particular, assessing the
    management systems in place,                                      management systems in place,
    determining compliance with                                       and determining conformity
    Community, national, and local                                    with company policies and the
    regulations and determining                                       site programme, which must
    conformity with company                                           include compliance with
    policies.                                                         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.
 ---pagebreak---                                                               30
 RIGïNALTEXT                                                    AMENDED TEXT
         Thefallowingsteps, 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 auditfindingsand conclusions.
          Reporta* audit fatdhtp ami cendmiomi
          A written audk report of the appropriate torm and ooaaem w » W p ^
          fun, formal submission of thefindingsand coiiclusions of the audk.
The findings and conclusions                                     The findings and conclusions
of the audit must be formally                                    of the audit must be formally
communicated to the top                                          communicated to the top
company management.                                              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                                              to provide management '
    factual information on the                                              with information on the
    environmental performance                                               state of compliance with
    at the site and with the                                                the company's
    team's conclusions on this                                              environmental policy and
    performance.                                                            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)
 ---pagebreak---          31
   < ;
•*     '
 ---pagebreak---                                                                                                3 4
  ORIGINALTEXT                                                                                     AMENDED TEXT
           A . Accreditation o f 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 e r
                                                                                                            shall be competent in r e l a t i o n
                                                                                                            to the functions within the
                                                                                                            accredited scope and must
                                                                                                            demonstrate and maintain
                                                                                                            records on the crualif l c a t i o n s .
                                                                                                            training and experience of i t s
                                                                                                            personnel with r e s p e c t t o , a t
                                                                                                             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 o n and
                                                                                                                     standards including
                                                                                                                     specific guidance developed
                                                                                                                     for the purposes f o t h i s
                                                                                                                     Regulation? and.
                                                                                                                     relevant t e c h n i c a l
                                                                                                                     knowledge of t h e a c t i v i t y
                                                                                                                     subject t o ver i f ication»
                                                                                                                      (Ref. EP Amendment No. 44)
           B. T h e function o f accredited auditors
              Validation will b e c a r r i e d o u t b y a c c r e d i t e d e n v i r o n m e n t a l auditors in conformity w i t h t h e p r o f e s s i o n a l
              c o d e s of p r a c t i c e w h i c h w i n b e established a n d revised b y the Commission.
*L             T h e function of t h e a u d i t o r is t o certify:
  ~£T          — c o m p l i a n c e w i t h all t h e r e q u i r e m e n t s of this R e g u l a t i o n , particularly c o n c e r n i n g the c n v u o n m c n u l
   \jâi              review, t h e e n v i r o n m e n t a l a u d i t p r o c e s s a n d t h e environmental statements,
     *fH       — the technical validity of t h e e n v i r o n m e n t a l review o r audit process and of any o t h e r m e t h o d and
                     p r o c e d u r e o n w h i c h t h e i n f o r m a t i o n a n d d a t a c o n t a i n e d in the statement are b a s e d ,
        tf     — the reliability of t h e d a t a a n d i n f o r m a t i o n in t h e statement and w h e t h e r t h e s t a t e m e n t a d e q u a t e l y
                     covers all t h e significant e n v i r o n m e n t a l issues of relevance t o the site.
                    T h e a u d i t o r will c a r r y o u t all t h e investigations necessary t o perform the function descril>cd a b o v e in a
                    s o u n d professional m a n n e r , m i n g a p p i o p n a t e m e i h o d \ and jvoidmf, <im>r< c^sjiy d<ii>|,< jnoi> 0 { l n r
                    c o m p a n y ' s activities a n d m e t h o d s .
 ---pagebreak---                                                                   33
 ÇmGmAL.'TEXX                                                                     AMENDED TEXT
                   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 a s independent pcofessâosal atanaer and comosk* tbe
                   company to providing «be accessary oMpcraôca.
The verification will involve                                                    The verification will involve
examination of documentation,                                                    examination of documentation,
a v i s i t t o the s i t e . I n c l u d i n g ,                                a visit to the site including,
i n particular, interviews with                                                   in particular, interviews with
personnel, preparation of a                                                      personnel, preparation of a
report t o the company                                                           report to the company
management and solution of the                                                   management and resolution of
issues raised by the report.                                                     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 tiiwoiwienulreviewor aadfr carried out» tbcie^
                 and *^w> <lf*t f iiTM'MMaftttal i
                 The company w J also provide «be aoidkor with «he accessary information oa previous reviews and
                 audits and octant of any aifi a^fmeats 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 h e following cases can arise:
                  (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
   -•i                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;
     ."-«
         ;.ty*'i
 ---pagebreak---  ORICrlNAI^TCXT                                                      AME^EDTEXT
t^j    if the protection system,                                   (b) if the protection system,
       the audit method and the                                             the review or audit
       other relevant processes                                             process appears adequate
  I    appears adequate but the                                             but the statement needs
       statement needs to be                                                to be revised and/or
       revised and/or completed,                                            completed, the verifier
       the auditor shall discuss                                            shall discuss the changes
       the changes needed with                                              needed with the company
 v^    the company management                                               management and shall not
 JF    and will not validate the                                            validate the statement
       statement until the                                                  until the company has
       company has made the                                                 made the appropriate
       appropriate amendments                                               amendments and/or
       and/or additions to the                                              additions to the
       statement;                                                           statement; (Ref. EP
                                                                            Amendment Ho. 74)
  (c)     if the protection system,                                (c)      if the protection system,
          the audit method and/or                                           the review or audit
          the other relevant                                                process appears
          processes considered                                              inadequate, the verifier
          appear inadequate, the                                            shall make appropriate
          auditor will make                                                 recommendations to the
          appropriate                                                       company's management on
          recommendations^ to the                                           the improvements needed
          company's management on                                           and shall not validate
          the improvements needed                                           the statement until the
          and will not validate the                                         shortcomings in the
          statement until the                                               processes have been
          shortcomings in the                                               corrected, the processes
          processes have been                                               repeated to the extent
          corrected, the processes                                          necessary, and the
          repeated to the extent                                            statement revised
          necessary, and the                                                accordingly. (Ref. EP
          statement revised                                                 Amendment No. 75)
          accordingly.
                                                            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
   it
                                                              -K * *
                                                                 9        *
     bft£
 ---pagebreak--- 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.
 ---pagebreak---                                            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
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