Commission Decision (EU) 2017/2285 of 6 December 2017 Amending the user's guide setting out the steps needed to participate in EMAS, under Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (notified under document C(2017) 8072)Text with EEA relevance.

As an exception to this general rule, a sampling methodology can be used for the verification of multisite organisations. Provided that specific conditions are respected verifiers may visit within a cycle of 36 months a selection of sites that are representative for the organisation's activities and provide a reliable and trustworthy assessment of the organisation's overall environmental performance and compliance with the requirements of the EMAS Regulation.

This sampling methodology can only be used in mutual agreement with the environmental verifier and provided that the requirements defined in Section 2.4.3 and the implementation guidelines defined in Section 2.4.4. of this User Guide have been respected.

Therefore, when an organisation requests the application of the sampling method, the verifier shall check the following elements to decide if the utilisation of a sampling method is appropriate:

The organisation complies with the requirements mentioned in Section 2.4.3. of this User Guide;

The implementation guidelines defined in Section 2.4.4 have been respected.

Furthermore the environmental verifier can decide to restrict sampling where site sampling is inappropriate for gaining sufficient confidence in the effectiveness of the management system due to specific facts. Such restrictions should be defined by the environmental verifiers with respect to:

Environmental conditions or other relevant considerations associated with the organisation context;

Variations in the local implementation of the management system to address the specificities of the different sites;

The compliance record of the organisation (e.g. illustrated by enforcement authorities' records of non-compliance issues, the number of complaints and the evaluation of corrective actions).

Where this is the case, the verifier should document the specific reasons restricting the eligibility of organisations to use sampling.

The environmental verifier shall also evaluate the transparency of grouping of similar sites requested by the Section 2.4.3.2 and the impact of such grouping on the content of the environmental statement and on the overall environmental performance of the organization. The results and the findings of this evaluation shall be documented in the verification report.

The environmental verifier shall keep detailed records on each application of multisite sampling, justifying the sampling methodology and the parameters/criteria used, and demonstrating that the sampling is operating in accordance with this document.

(6) If during the verification process cases of non-conformity or non-compliance are detected in a multisite organisation where the sampling method has been applied the verifier shall:

investigate to which extent this non-conformity or non-compliance is site specific or whether other sites may be affected;

require the organisation to identify all sites that could have been impacted, to take the necessary corrective actions in those sites and to adapt the management system in case he has indications that the non-conformity or non-compliance could point toward a deficiency of the overall management system potentially affecting other sites. In the case of non-conformities or non-compliance that cannot be corrected by taking timely corrective actions the verifier should report to the Competent Body that the organisation in question has to be suspended or deleted from the EMAS Register;

require evidence of these actions and verify their effectiveness by enlarging the size of the sample to additional sites once the corrective actions have been taken; and

validate the environmental statement and sign the declaration on verification and validation activities, as per Annex VII of the Regulation only when he is satisfied with the evidences that all sites comply with the requirements of the EMAS regulation and with all legal requirements related to the environment.

(7) When performing the first verification the verifier shall, at a minimum check that the organisation fulfils the following requirements:

(a) a fully operational environmental management system is in place;

(b) a fully planned audit programme is in place;

(c) a management review has been completed;

(d) if the organisation wants to use a sampling method for verification of its sites the provisions of chapter 2.4.3 and 2.4.4 of this Users guide are respected; and

(e) the EMAS environmental statement has been drafted and Sectoral Reference Documents have been taken into account, where available.

2.4.3.

Requirements for the utilisation of a sampling method for verification of multisite organisations

2.4.3.1.

General principles

Applying a sampling method may be appropriate for organisations with multiple sites in order to adapt verification effort without compromising confidence in legal compliance and complete implementation of the management system so that continuous improvements of the environmental performance at each site included in the scope the EMAS-registration can be achieved.

Where appropriate according to the criteria defined in Section 2.4.3.2 and upon request of the organisation, the environmental verifier(s) can agree to use a sampling method to verify multisite organisations.

2.4.3.2.

Eligibility criteria for organisations

(a) Procedures for sampling in a multisite organisation can only be applied to groups of similar sites;

(b) The similarity of sites shall be determined in terms of being located in the same Member State, operating the same kind of activities, same procedure, same legal requirements, similar environmental aspects and impacts, a comparable significance of the environmental impacts and similar environmental management and control practices;

(c) Group(s) of similar sites shall be established as part of the Environmental Management System and in mutual agreement with the environmental verifier. These groups shall be reflected in the internal audits and management review and mentioned in the Environmental Statement;

(d) All sites not included in a group due to a lack of similarity shall be excluded from the scope of the sampling and must be verified individually;

(e) All sites comprised in the EMAS registration shall be under the direct control and authority of the organisation;

(f) The environmental management system shall be centrally controlled and administered and be subject to central management review. All sites comprised in the EMAS registration shall be subject to the organisation's environmental review and internal audit program and all shall have been internally audited (including auditing of the legal compliance) prior to the first registration.

Furthermore the organisation must demonstrate its authority and ability to initiate organisational change in all sites comprised in the EMAS registration if required to achieve environmental objectives. The organisation must also demonstrate its ability to collect and analyse data (including but not limited to the items listed below) from all sites including headquarter:

All elements included in the environmental review as defined in Annex 1 of the EMAS Regulation (Regulation EC No 1221/2009), which includes, inter alia, the identification of the applicable legal requirements, the environmental aspects or associated impacts and the environmental management practice and procedure;

Environmental Management System documentation and system changes;

Internal audit and evaluation of the results, including evaluation of compliance with legal requirements related to the environment;

Management Review;

Environmental performance;

Complaints; and

Evaluation of corrective actions.

(g) Sampling shall not be applied for:

organisations to which incentives have been granted based on the requirement to verify all sites within a verification cycle;

sites located in Third Countries;

sites operating under fundamentally different legal environmental requirements;

sites subject to legislations regulating pollutant emissions, hazardous waste or the use or storage of dangerous substances (e.g. Directive 2010/75/EU of the European Parliament and of the Council

Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).

(IED) or Directive 2012/18/EU of the European Parliament and of the Council

Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (OJ L 197, 24.7.2012, p. 1).

(Seveso));

sites presenting as part of their significant environmental aspects a risk of environmental accident.

Those sites shall be excluded from the scope of the sampling method and shall be verified individually.

(h) The organisation shall be active in the economic sectors in which the use of a sampling method is permitted under Section 2.4.3.3.

2.4.3.3.

Economic sectors in which the use of a sampling method can be allowed

(a) The verification of multisite organisations by using a sampling method is allowed in the following sectors:

Table 9

Economic sectors in which the use of a sampling method is allowed

Economic SectorNACE CodeFinancial service activities, except insurance and pension funding64Insurance, reinsurance and pension funding, except compulsory social security65

Legal and accounting activities69Management consultancy activities70.2Employment activities (e.g. human resources activities, temporary employment, employment placement)78Travel agency, tour operator and other reservation service and related activities79Office administrative and support activities82.1Pre-Primary and primary education85.1 and 85.2Libraries and archives91

(b) Member States may implement pilot projects in other sectors mentioned in Table 10 in order to collect learning on the use of a sampling method. For that purpose, they shall notify the following information to the European Commission:

a clear and unambiguous description of the organisation registering under EMAS, including a brief description of the organisation context and a summary of its activities, products and services and its relationship to any parent organisations as appropriate;

the list of sites for which sampling should be applied;

the groups of sites, including grouping methodology;

the sites restricted from sampling and reason for restriction;

a description of all the significant direct and indirect environmental aspects which result in significant environmental impacts of the organisation, including an explanation of how the nature of the impacts relates to the significant direct and indirect aspects and the identification of the significant environmental aspects associated with the sites for which sampling should be applied;

the potential risks related to these environmental aspects;

the environmental policy and a brief description of the environmental management system of the organisation, including its objectives and targets in relation to the significant environmental aspects and impacts; if the organisation has not EMS in place yet they should describe the EMS envisaged and its main targets;

a reference to the applicable legal requirements relating to the environment.

Following this notification the European Commission informs the EMAS Committee of the planned pilot project and provides an opinion on its appropriateness. If the majority of the members of the EMAS Committee does not object within a period of two months the pilot projects may be initiated according to the following rules:

The organisation follows all the requirements of the EMAS regulation regarding registration or renewal of registration;

The sampling method should be established following the implementation guidelines described on the Section 2.4.4 of this User Guide.

The duration of those pilot projects shall not exceed three years. After successful pilot project implementation including a positive verification confirming that the organisation is in conformity with all the requirements of the EMAS Regulation the organisation and its sites can be registered with EMAS for three years, or four years if the derogation of Article 7 applies.

An evaluation of each project shall be presented to the EMAS Committee.

Based on the pilot project evaluation the EMAS Committee may recommend to include the sector in the list of sectors in which the use of a sampling method is allowed (Table 9).

Table 10

Economic sectors in which the use of a sampling method can be allowed in pilot projects

Economic SectorNACE CodeWater collection, treatment and supply36Sewerage37Following activities part of retail tradeRetail sale in non-specialised stores (e. g. supermarkets)47.1Retail sale of food, beverages and tobacco in specialised stores47.2Retail sale of textiles in specialised stores47.51Retail sale of cultural and recreation goods in specialised stores47.6Retail sale of clothing in specialised stores47.71Retail sale of footwear and leather goods in specialised stores47.72Retail sale of cosmetic and toilet articles in specialised stores47.75Retail sale of watches and jewellery in specialised stores47.77Following activities part of accommodation and food serviceHotels and similar accommodation55.1Holiday and other short-stay accommodation55.2Restaurants (but not mobile food service)56.1Beverage serving activities56.3Computer programming, consultancy and related activities62Real estate activities: buying, selling and rental of real estate (excluding operating real estate).68Advertising and market research73Other professional, scientific and technical activities74General public administration activities84.11Secondary, Higher and other education85.3, 85.4, 85.5, 85.6Residential care activities87Social work activities without accommodation88Creative, arts and entertainment activities90Museums and other cultural activities91Sports activities93.1Activities of membership organisations94

2.4.4.

Implementation guidelines regarding the use of a sampling method for the verification of multisite organisations

2.4.4.1.

General principles

(a) The organisation shall prepare a clear description of the scope suggested for applying the sampling method (the number of sites, a listing of all sites covered and a short description of their activities, as well as a mention of the sites excluded from the sampling);

(b) The sites that the organisations suggests to include in the sampling method shall be divided in one or more groups of similar sites as defined in Section 2.4.3.2(c) of this User Guide. The similarity level of a group of sites must guarantee that the verification of a sample of sites will be highly representative of the whole group. As mentioned in Section 2.4.3.2(d), all sites not included in a group due to a lack of similarity shall be excluded from the scope of the sampling and must be verified individually;

(c) The verifier shall agree with the suggested scope, define the character of each group of sites and draft a verification plan that shall include a description of the methodology and criteria used to define the groups of sites, the method that will be used to select the sites (for both the random and non-random parts) and the timing of verification. This verification plan shall also include the key activities and processes of each group of sites, the significant environmental aspects related to each group of sites, and an estimate of the risk levels of environmental accidents related to the these aspects.

2.4.4.2.

The sampling method

The sampling method to select sites for on-site visits within the different groups of sites must comply with the requirements outlined below.

(a) A representative sample shall be taken from each group of similar sites;

(b) Sampling shall be partly selective based on the factors set out below and partly nonselective (random), and shall result in a representative range of different sites;

(c) Within each group, at least 50 % of the sample of sites (rounded to the upper whole number) shall be selected at random (non-selective). The environmental verifier must document the procedure used to complete this random selection;

(d) The methodology for the remaining selective sampling part shall take into account the provisions mentioned below. The methodology shall make sure that the differences among the sites selected is as large as possible and must include at least the following aspects:

Results of environmental review and internal site audits or previous verifications;

Records of incidents, complaints and other relevant aspects of corrective and preventive action;

Significant variations in the size of the sites;

Variations in, and the complexity of the management system and processes conducted at the sites;

Modifications since the last verification;

Maturity of the management system and knowledge of the organisation;

Differences in culture, language and regulatory requirements; and

Geographical dispersion.

Taking those aspects into account the verifier shall also aim at including in the sample as much as possible sites that have not been verified yet.

(e) The minimum number of sites that should be included in the sample taken from each group of sites is derived by the following formula:

For the initial EMAS registration and for the renewal of registration this number shall be the square root of the number of sites comprised in each group multiplied by 2 and rounded to the upper whole number (e.g. for a group of 100 sites: √100 × 2 = 20).

(f) The size of the sample should be increased where the environmental verifiers' analysis of the sites included in the EMAS registration indicates special circumstances in respect of factors such as:

The size of the sites and number of employees (e.g. more than 50 employees on a site);

The complexity and risk for non-similar groups of sites;

Variations in environmental performance;

Variations in working practices and reporting of environmental impacts;

Variations in activities undertaken;

Significance and extent of environmental aspects and associated environmental impacts;

Records of complaints and other relevant aspects of corrective and preventive action; and

Results of internal audits and management review.

Example of multisite organisation verification using sampling method:

Taking the example of a company active in the clothes retail sector with the following sites:

100 stores > 150 m2

400 stores < 150 m2

3 warehouses of various size and content

1 headquarters

1. Sites grouping for application of the sampling method:

Group 1: 100 stores > 150m2

Group 2: 400 stores < 150m2

Individual sites:

3 warehouses

1 headquarters

1. Verification prior to first registration:

All individual sites (3 warehouses, 1 headquarters)

Group 1: at least √100 stores × 2 = 20 stores

Group 2: at least √400 stores × 2 = 40 stores

1. Verification prior to registration renewal:

All individual sites should be visited

Group 1: at least √100 stores × 2 = 20 stores

Group 2: at least √400 stores × 2 = 40 stores

2.4.5.

Documentation in the environmental statement of the reasoning behind sampling size and methods

The EMAS registered organisations for which the environmental verifier has used a sampling/verification plan, as mentioned in Section 2.4.3 of this User Guide, should document this sampling plan in their environmental statement. The environmental statement should (briefly) elucidate the reasoning behind the method used for grouping the sites and the selected sample size. The environmental statement shall contain a list of all sites and clearly distinguish between visited and non-visited sites.

2.5.

REGISTRATION PROCEDURE

The EMAS III Regulation provides some general rules on registration. Member States may adapt these in their own environmental legislation.

Once the system has been implemented, verified and the EMAS environmental statement validated, the organisation's next step is to apply to the Competent Body for registration.

2.5.1.

Which Competent Body does an organisation use?

Table 11

Competent Bodies for different registrations

Note: As far as registration is concerned, the relevant structures can differ from one Member State to another. Usually, there is one Competent Body per Member State; however, in some Member States it is common to have different Competent Bodies at regional level.

A list with contact details of Competent Bodies, Accreditation Bodies or environmental verifiers in the EU Member States and Norway can be found under: http://ec.europa.eu/environment/emas/emas_contacts/competent_bodies_en.htm

Different situationsWhere to registerOrganisation with one site in EUCompetent Body officially designated by the Member State in which the organisation is located.Organisation with multiple sites inside one Member State (Federal State or similar)Designated Competent Body by the Member State for this purpose.Registration of organisations with multiple sites in several EU Member States (EU Corporate Registration)In case of EU Corporate Registration, the location of the headquarters or management centre (in that order of preference) of the organisation is decisive in determining the Leading Competent Body.Registration of organisations with one or multiple sites in third countries (Third Country Registration)If a Member State decides to provide for Third Country Registration, according to article 3.3 of the EMAS Regulation, registration in that specific Member State will, in practice, depend on the availability of accredited verifiers. The potential verifier should be accredited in the specific Member State that provides for third country registration, for that specific third country and for the specific economic sector(s) involved (determined based on NACE codes).Registration of an organisation with multiple sites in Member States and in Third Countries (Global Registration)

The Member State where the Competent Body in charge of this procedure will be located is established on the basis of conditions in the following order of preference:

(1) When the organisation has headquarters in a Member State that provides for Third Country Registration, the application should be submitted to the Competent Body in that Member State;

(2) If the headquarters of the organisation is not located in a Member State that provides for Third Country Registration, but it has a Management Centre there, the application should be submitted to the Competent Body in that Member State;

(3) If the organisation that applies for Global registration has neither headquarters nor a Management Centre in a Member State that provides for Third Country Registrations, then the organisation has to set up an ad hoc management centre in a Member State that provides for Third Country Registration, and the application should be submitted to the Competent Body in that Member State.

Note:

If more than one Member State is covered by the application, the coordination procedure between the involved Competent Bodies, as established in section 3.2 (of the Guide on EU Corporate Registration, Third Country and Global Registration under Regulation (EC) No 1221/2009), must be followed. Then that Competent Body will act as Leading Competent Body under the EU Corporate aspects of the procedure.

2.5.2.

Documents and/or requirements for registration

The application must be submitted in the official language of the Member State in which the organisation wants to be registered. It must include:

(1) Validated EMAS environmental statement (electronic or printed version);

(2) Declaration signed by the environmental verifier confirming that the verification and validation were carried out in accordance with the Regulation (Annex VII of the Regulation);

(3) Completed application form (Annex VI of the Regulation), with information about the organisation, sites and the environmental verifier;

(4) Evidence of payment of fees, if applicable.

2.5.3.

Conditions to be met prior to/during the EMAS registration process

(1) Verification and validation conducted in accordance with the Regulation;

(2) Application form fully filled in, all supporting documents in order;

(3) Competent Body satisfied with material evidence that there is no evidence of breach of legal requirements relating to the environment. A written report from the enforcement authority that there is no indication of such a breach would be suitable material evidence;

(4) No relevant complaints from interested parties; or complaints resolved satisfactorily;

(5) Competent Body satisfied, on the basis of evidence received, that the organisation meets all the requirements of the Regulation;

(6) If applicable, the Competent Body has received the required fee.

It is considered best practise for a Competent Body take a final decision on the EMAS registration of an applying organisation within 3 months after a successful application. Only in exceptional cases a longer period to reach a final registration decision can be justified.

2.5.4.

Suspension or deletion of organisations from the register

This may occur:

if a Competent Body has reasons to believe that an organisation does not comply with the Regulation;

if a Competent Body receives a written supervision report from the Accreditation or Licensing Body with evidence that the environmental verifier did not carry out duties in line with the Regulation provisions;

if an organisation fails to submit any of the following documents to the Competent Body within two months of being required to do so: validated environmental statement, updated environmental statement or a declaration on verification and validation activities signed by the verifier (Annex VII), the application form (Annex VI);

if a Competent Body is informed of a breach of legal requirements on the environment, through a written report from the enforcement authority.

The Competent Body can lift the suspension only once it receives satisfactory information regarding the organisation's compliance with the Regulation.

The EMAS Regulation does not specify the duration of suspensions, and it is therefore up to the respective Competent Bodies to decide on these. However, they should not exceed 12 months.

Figure 10

EMAS pillars. Registration procedure

Correct unfulfilled requirements and apply again for registration

Application for registration

EMAS implementations

Administrative unit

Competent Body

Verifier

Organisation

Accredited/ Licensed verifier

National register

NO

YES

Registered organisation

External audit (Verification/Validation)

Accreditation/ Licensing of Verifiers

External communication Use of the EMAS logo

Documentation and requirements under control

Verification & Validation

Supervision of Verifiers

Accreditation/ Licensing Body

2.6.

SUBSTANTIAL CHANGES

An organisation making changes in its operation, structure, administration, process, activities, products or service, must take into account the environmental impact of such changes, as these may affect the validity of the EMAS Registration. Minor changes may be absorbed, but substantial changes will require an updated environmental review, policy, programme, management system and statement. All updated documents have to be verified and validated within six months. After validation, the organisation has to submit the changes to the Competent Body, using Annex VI of the Regulation.

Figure 11

Flow chart on dealing with substantial changes under EMAS

Verification and validation within 6 months

Review and update of the EMAS environmental statement

Modification of: environmental policy, environmental program and environmental management system

Update of the initial environmental review

Modifications to the initial environmental review

Substantial change?

1. USE OF THE EMAS LOGO

What is the EMAS logo?

The EMAS logo is a graphic image, associated with:

Correct implementation of the EMAS scheme;

Commitment to continuous environmental improvement;

Active involvement of employees;

Credibility of information on the organisation's environmental performance;

Proven legal compliance.

The EMAS logo is a good way to show that the organisation is environmentally friendly.

3.1.

HOW TO USE THE EMAS LOGO

Only organisations with a valid EMAS registration can use the EMAS logo.

The logo must always bear the organisation's registration number, except for promotional and marketing activities of the EMAS scheme;

Only the official logo is valid;

If the organisation has several sites, not all of which are included in the registration, it may only use the logo for registered sites and shall not give the impression that the entire organisation is registered;

The environmental statement should preferably bear the logo.

Figure 12

EMAS logo

Verified environmental management

Reg. No. XXXX

The use of the EMAS logo for promotional activities and marketing of the scheme

Only in this situation the EMAS logo can be used without the registration number. Competent Bodies, Accreditation and Licensing Bodies and other stakeholders may use the logo.

3.2.

HOW NOT TO USE THE EMAS LOGO

On products or packaging, to avoid confusion with product labels;

With comparative claims concerning other activities and services.

The logo must not be used in ways that may cause confusion with other labels for products or services.

Table 12

Use of EMAS logo: Examples

NoExample or situationAllowed1Logo on a registered organisation's letter, envelope, business card, corporate uniform, corporate PC, bag, EMAS flag and other similar use of the EMAS logo, for promotional purposes at corporate level.YES, together with registration number, since it promotes the EMAS registered organisation.2Logo on a document's header, submitted to authorities, incorporating validated data concerning the organisation's performance.YES, together with registration number.3Logo on a folder containing a report on a partially registered organisation.YES, together with registration number, but the logo must mention only the registered sites.

4Logo on a product with the message ecological product.NO, it might be confused with ecolabels for products.5Logo in the (in-flight) magazine of a registered airline, along with some validated information.YES, together with registration number.6Logo on an aeroplane, on a train, on a bus, on a corporate car or truck, or on a metro of an EMAS registered company.YES, together with registration number.7Logo placed on a registered distribution company's truck along with the company name, beside a validated statement saying We have reduced the average diesel consumption of our truck fleet by 20 % to x litres per 100 km between 2009 and 2012.YES, together with registration number.8Logo stamped on a non-registered tourist accommodation photo, included in registered travel agency catalogue.NO, the use of the logo is confusing. It can be only be applied to the travel agency.9Logo stamped on a registered travel agency catalogue, containing validated information on sustainable tourism measures, implemented by the organisation.YES, together with registration number.10Logo placed on an internal hand-out for employees, containing exclusively validated information on the operation of the environmental management system.YES, the logo does not need the registration number, since it is an internal communication for general awareness raising purposes.11Logo on the newsletter or the cover of a brochure for customers and suppliers, content taken from the validated environmental statement.YES, together with the registration number, because it is a communication to the general public using concrete examples of a specific EMAS registered company, coming from that registered organisation.12Logo within the annual environmental report of a holding that includes registered and non-registered sites, heading the chapter on the validated environmental statement in which the EMAS registered sites of the organisation are clearly identifiable.YES, together with registration number(s). If the registration is a corporate registration in which several sites reside under the same number, that number must be used. If all EMAS sites are registered individually, the registration numbers of the individual sites must be recognisable.13Logo as an underlying graphic for a compilation of validated environmental data in a business report.YES, together with registration number.14A general brochure of a governmental organisation addressing how EMAS registered organisations in general can best recycle or process their various fractions of waste.YES, without a registration number, since this brochure is for the purpose of raising awareness in general, it is not linked to a registration number.15Logo beside validated environmental information on an organisation's website.YES, together with registration number.16Logo on exhibition stands of the registered organisation, promoting the registered organisation as such.YES, together with registration number.

17Logo on exhibition stands of a registered organisation but promoting EMAS as Environmental Management System in general.YES, the logo does not need registration number, since it is for promotional purposes.18Logo in a newspaper, as an underlying graphic in a joint advertisement of two companies announcing their environmental cooperation along the supply chain (one is registered, the other is not).NO, it is confusing, as one of the organisations is not registered.19Logo without a registration number used for promotional purposes by a non-registered organisation.YES, but only for EMAS promotion activities and not for the promotion of the organisation itself.20Logo on tickets of a registered municipal transport organisationYES, the logo does not need registration number, if used to promote EMAS in general. If the logo on the tickets is promoting a specific EMAS registered organisation it would have to carry the registration number of that specific organisation.

1. HOW TO MOVE FROM OTHER ENVIRONMENTAL MANAGEMENT SYSTEMS TO EMAS

There is a growing number of environmental management systems all over the EU, designed to cover needs in specific areas or sectors of activity. Local or regional administrations may use such systems to improve sustainability or environmental performance. The most relevant of these systems are available via a link in an annex to this guide.

The EMAS Regulation mentions the possibility of assessing the level of equivalence between it and other systems. Official recognition of some or all parts of other environmental management systems can ease an organisation's transition to EMAS. The procedure is as follows:

(a) Member States must submit to the Commission a written request for the recognition of the environmental management system or part of it;

(b) The relevant parts of the environmental management system and the elements corresponding to EMAS must be analysed and specified in the request, providing evidence of equivalence to EMAS;

(c) The Commission submits the proposal to the EMAS Committee (established in accordance with Article 49 of the Regulation);

(d) The EU's Official Journal publishes details of the recognised environmental management system or parts of it, after the Commission approves them.

Organisations that have implemented a recognised environmental management system or parts of it do not have to repeat those parts already recognised when they go for EMAS.

Each Member State has its own procedures to deal with applications for recognition. For more information on these, ask the relevant Competent Body.

1. EMAS III FOR SMALL AND MEDIUM ENTERPRISES (SMES)

Small organisations means:

(a) micro, small, and medium-sized enterprises as defined in the Commission Recommendation 2003/361/EC of 6 May or;

(b) local authorities governing less than 10000 inhabitants or other public authorities employing fewer than 250 persons and having an annual budget not exceeding 50 million Euros, or an annual balance sheet not exceeding 43 million Euros, including all of the following:

(c) government or other public administrations, or public advisory bodies at national, regional or local level;

(d) natural or legal persons performing public administrative functions under national law, including specific duties, activities or services in relation to the environment; and

(e) natural or legal persons having public responsibilities or functions, or providing public services, relating to the environment under the control of a body or person referred to in point (b).

Verification and internal audit period

SMEs can have the full verification carried out over four years instead of three. The time period for internal audit can also be extended, from one year to two. The same applies to the environmental statement. However, the organisation must forward the non-validated updated statement to the Competent Body each year all the same.

To benefit from this option, the organisation must apply to the Competent Body, which can extend the time period allowed if the verifier has confirmed the conditions of Article 7:

that there is no significant environmental risk;

that there have been no substantial changes in the organisation;

that the organisation does not contribute to significant local problems.

Verification and validation

Environmental verifiers should take into account the characteristics of small organisations to avoid burdening them unnecessarily. SMEs often have scant resources and means, so they are less able to cope with extensive reporting and lengthy procedures. The verifier should also take into account other characteristics of SMEs, such as multifunctional staff, on-the-job training and the ability to adapt rapidly to change. The main goal is to achieve objective evidence that the EMAS system is effective and that the procedures are scaled to the size and complexity of the business, the competence of its staff and the nature of the environmental impact.

Fees

It is up to each Member State to set fees for EMAS registration procedures. Some do not charge fees. In any case, the Regulation states that fees must be reasonable and proportionate to the organisation's size.

Technical and financial support

Technical and financial support for the EMAS scheme in general, and for SMEs in particular, has to be provided on two levels. Member States have to make available information on legal requirements and the enforcement authorities, as well as technical information on accredited or licensed verifiers, registration procedures, grants and financial support. The Commission provides information and paves the way for organisations that want to register for EMAS by recognising parts of other environmental management systems or by integrating EMAS into other EU policies.

EMAS Easy Method

Although the EMAS Easy

Additional information about the EMAS Easy method can be found via: http://ec.europa.eu/environment/emas/join_emas/what_if_i_am_an_sme_en.htm

method is not mentioned in the Regulation, it should be taken into account as a tool available for small organisations. It helps them to implement all EMAS requirements quickly, cheaply and simply.

Cluster and step-by-step approach

Local authorities, in cooperation with chambers of commerce, industrial associations and others, can provide support for SMEs wishing to implement EMAS by facilitating a cluster and step-by-step approach.

A cluster is a way of implementing EMAS as a group, useful for organisations in the same sector of activity or located in the same geographical area. They can share the implementation process and then proceed with individual registration.

The step-by-step approach can be tailored to the needs in each Member State. It could be linked, for example, to general projects or plans, to promote EMAS implementation in a municipality or in an area where different entities plan to encourage organisations to implement good environmental practice in different phases or ways.

Example: A good example of this approach could be to take a group of SMEs in an industrial area or in a region lead by the municipality, in cooperation with a chamber of commerce and industrial associations operating in the area. The organisations involved can take part in a step-by-step EMAS implementation plan. The first step would be to facilitate all companies in conducting an EMAS environmental review. The second step would involve designing and implementing good management practices. The third step would be to put in place a formal environmental management system such as EN ISO 14001. Finally, the companies could go for EMAS as the premium management system.

This concept could be an opportunity to develop promotional plans in groups of organisations, in sectors of activity or in specific territories where there is interest in promoting the implementation of environmental management systems, formal or informal, before finally going for full EMAS.

Annex

ANNEX II

More EMAS related information to be used in conjunction with this users guide can be found at the Commission's EMAS web pages http://ec.europa.eu/environment/emas/ where you can find:

Regulation (EC) No 1221/2009, of 25 November 2009 — http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:342:0001:0045:EN:PDF

Communication from the Commission — Establishment of the working plan setting out an indicative list of sectors for the adoption of sectoral and cross-sectoral reference documents, under the EMAS Regulation — http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52011XC1208%2801%29

EMAS Sectoral Reference Documents for the priority sectors identified — http://ec.europa.eu/environment/emas/emas_publications/sectoral_reference_documents_en.htm

Fact sheets about 20 environmental management system approaches (from step to step towards EMAS) — http://ec.europa.eu/environment/emas/emas_publications/publications_studies_en.htm#Step up to EMAS

Index with all Competent Bodies and Accreditation or Licensing Bodies involved in EMAS — http://ec.europa.eu/environment/emas/emas_contacts/competent_bodies_en.htm

EMAS documents — http://ec.europa.eu/environment/emas/emas_publications_en.htm

EMAS Fact sheets on specific subjects where the need for more detailed information has been identified — http://ec.europa.eu/environment/emas/emas_publications/publications_studies_en.htm#Fact Sheets

EMAS Global: Commission Decision 2011/832/EU of 7 December 2011 concerning a guide on EU corporate registration, third country and global registration under Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) — http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1512397918431&uri=CELEX:32011D0832

http://ec.europa.eu/environment/emas/join_emas/emas_global_en.htm