Commission Decision (EU) 2023/2463of 3 November 2023on the publication of the user’s guide setting out the steps needed to participate in the EU eco-management and audit scheme (EMAS) pursuant to Regulation (EC) No 1221/2009 of the European Parliament and of the Council(notified under document C(2023) 720)(Text with EEA relevance)

The organisation may contact the EMAS competent body in its Member State, or the EMAS accreditation or licensing body responsible for the accreditation of EMAS verifiers, for information regarding accredited environmental verifiers.

The scope of an accredited or licensed environmental verifier is determined according to NACE codes, i.e., the classification of economic activities

As set out in Regulation (EC) No 1893/2006 of the European Parliament and of the Council. The NACE codes are attributed to companies by responsible authorities.

. If the organisation performs several activities that can be assigned to more than one NACE code, verification needs to be performed by NACE activity. The agreement must also ensure that the environmental verifier is granted access to all documents and operational areas

In some specific and documented situations some limitations to operational areas could be planned provided they do not significantly impact the verification audit and do not concern a significant proportion of the total area. The verifier should ensure that the Accreditation and Licencing Body and Competent Body is informed of such limitations and consider that the audit can be performed in such conditions on an ad hoc basis.

.

Once the verifier is accredited or licensed in one Member State, it can operate in all EU countries. Not every Member State has accredited environmental verifiers for every sector. In this case, the accredited verifier must be sourced from another Member State. The organisation is free to choose which accredited/licensed environmental verifier to contract.

Organisations or sites located outside the EU must, in accordance with Article 3(3), ensure that the environmental verifier who will carry out the verification and validate the organisation's environmental management system is accredited or licensed in the Member State where the organisation submits its application for registration.

The verification is prepared in collaboration with the environmental top management representative of the organisation, who organises and coordinates the required assessment dates. The audit programme is prepared in cooperation with the environmental verifier.

The environmental verifier determines what it wants to see and with whom it wants to talk. For this purpose, the environmental manager works out a schedule and invites the respective staff required. Nevertheless, the environmental verifier can include every employee in the discussions during the visit. It is therefore important that all employees are informed about the verification visit.

It is useful for the organisation to verify that the environmental verifier, if certified or accredited in another Member State, has provided the information referred to in Article 24 (supervision report) to the accreditation or licensing body of the Member State where the organisation has its headquarters or management centre. This should be at least 4 weeks before the verification to allow for supervision by the accreditation or licensing body of the Member State where the verifier intends to start its activities. Without supervision, the competent body may refuse to register the organisation.

As a good practice, management staff are generally present during the visit, at least to deal with matters relating to the environmental policy, the provision of resources and the management assessment.

In advance of the visit, the following documents should be sent to the environmental verifier to provide an overview of the current conditions. In the case of validation in order to maintain registration, only the updated documents need to be submitted:

✓

basic information about the organisation (legal form, size, location, scope of activities, structure and organisation chart).

✓

draft of the environmental statement and environmental programme.

✓

description of the environmental management system applied in the organisation.

✓

environmental assessment report.

✓

reports of environmental audits performed and of any corrective actions subsequently taken.

✓

information if the sampling method is to be applied in accordance with Chapter 7.2.

The management review must also be submitted to top management for appraisal before the verification (see Chapter 5.2. Management review).

7.1.2.

Verification by the environmental verifier — Article 18 of the EMAS Regulation

It may be quite helpful for organisations to be aware of the specific tasks of the environmental verifier, as its tasks determine its approach to the audit of the organisation.

The tasks of environmental verifiers are as follows.

✓

Verify whether the organisation meets all the requirements of the EMAS Regulation with respect to the initial environmental review, environmental management system, environmental audit and its results and the environmental statement.

✓

Check whether the organisation complies with relevant EU, national, regional, and local legal requirements relating to the environment.

✓

Check the organisation’s continuous improvement of environmental performance.

✓

Check the reliability, credibility and accuracy of the data included and used in the environmental statement and any environmental information to be validated.

✓

Visit the organisation or site. The procedures for single-site and multi-site organisations are different and it is important to stress the differences in the respective approaches. The EMAS Regulation (Article 25(4)) requires each organisation to be visited whenever a verification/validation activity needs to take place.

✓

If, during the verification process, cases of non-conformity or non-compliance are detected in a multi-site organisation where the sampling method has been applied, the verifier will:

investigate the extent to which that 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 affected, to take the necessary corrective measures at those sites and to adapt the management system in the event that there are indications that the nonconformity or non-compliance could suggest a deficiency in the overall management system potentially affecting other sites. In the case of nonconformity or non-compliance that cannot be corrected by taking timely corrective actions, the verifier should report to the competent body that the organisation should be suspended or removed from the EMAS Register.

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

validate the environmental statement and sign the declaration on verification and validation activities, in accordance with Annex VII to the Regulation, only when the verifier is satisfied with the evidence that all sites comply with the requirements of the EMAS Regulation and with all legal requirements related to the environment.

In conclusion, when performing the first verification, the verifier should check that the organisation meets the following requirements:

✓

a fully operational environmental management system is in place.

✓

a fully planned audit programme is in place.

✓

a management review has been completed.

✓

where the organisation wishes to use a sampling method for verification of its sites, the provisions of Chapter 7.2. of this User Guide are respected; and

✓

the EMAS environmental statement has been drafted and sectoral reference documents have been taken into account, where available.

7.1.3.

Frequency of verifications — Articles 6, 7 and 19 of the EMAS Regulation

As a rule, the environmental verifier must design a programme, in consultation with the organisation, that ensures that all elements required for the registration and renewal of registration referred to in Articles 4, 5 and 6 of the EMAS Regulation are verified.

All registered organisations, including all sites and elements of those organisations’ management systems, are scrutinised every 3 years. During the period between those three-yearly verifications, the organisation must continue to conduct internal audits, update its environmental statement and form in accordance with Annex VI, forward it to the competent body, and pay any registration maintenance fee, as applicable

Table 9

Verification frequency required under the EMAS Regulation

First registration verification in accordance with Articles 4 and 5 of the EMAS RegulationIntermediary period between first registration and renewal in accordance with Article 6(2) of the EMAS RegulationRenewal registration (every 3 years after the first registration or every 4 years for SMEs where they have so requested) in accordance with Article 6(1) of the EMAS Regulationa fully operational environmental management system in accordance with Annex II to the EMAS Regulationa fully operational environmental management system in accordance with Annex II to the EMAS Regulation

a fully planned audit programme is in place.

part of the planned audits carried out in accordance with Annex III so that at least the most significant environmental impacts have been covered

internal audits carried out in accordance with Annex III covering:

the organisation’s environmental performance; and

compliance with applicable legal requirements relating to the environment.

a fully operational planned audit programme, with at least one audit cycle completed in accordance with Annex III.completed management review as referred to in Part A of Annex IIcompleted management review as referred to in Part A of Annex IIongoing compliance with applicable legal requirements relating to the environment and continuous improvement of its environmental performanceenvironmental statement prepared in accordance with Annex IV and with sectoral reference documents taken into account, where availableupdated environmental statement in accordance with Annex IV and, where available, sectoral reference documents taken into accountan environmental statement in accordance with Annex IV and sectoral reference documents taken into account, where available.

It should be noted that, after each verification, the environmental verifier is obliged to issue the signed declaration referred to in Article 25(9) and Annex VII. By signing this declaration, the environmental verifier confirms that there is no evidence of non-compliance with applicable legal requirements relating to the environment.

Under certain conditions, a sampling procedure can be used for the verification of certain organisations with many sites. In this case, within the three- or four-year cycle, verifiers only have to visit a selection of sites that are representative of the organisation's activities and that can allow for a reliable and trustworthy assessment of the organisation’s overall environmental performance and compliance with the requirements of the EMAS Regulation.

7.2.

Sampling method

7.2.1.

Requirements for the application of a sampling procedure for the assessment of organisations with many sites

Using a sampling procedure does not prevent organisations from using a corporate registration as defined in Article 2(29) of the EMAS Regulation for the respective sites.

For organisations with many sites, a sampling approach may be appropriate so that the verification effort can be adjusted without compromising confidence in legal compliance and full implementation of the management system, enabling continuous improvement in environmental performance to be achieved at each site covered by the EMAS registration. In terms of registration, this would entail a multi-site registration.

For the assessment of organisations with multiple sites, at the organisation’s request the environmental verifier can agree to the use of a sampling method in accordance with the criteria set out in this chapter.

7.2.2.

Eligibility criteria for applying the sampling method.

For a multi-site organisation, a sampling method can only be used for groups of similar sites.

The similarity of sites is determined in accordance with the following criteria which should be fulfilled cumulatively: location within the same Member State

The only exception that could be considered for the criteria location within the same Member State are premises of Ministries of foreign affaires or of international organisations which are located outside the Member State of origin, but which are fully managed and controlled by the headquarters, such as diplomatic offices missions or representations.

; same type of activities; same procedures; same legal status; similar legal requirements; similar environmental aspects and impacts; similar significance of environmental impacts; and similar environmental management and control procedures.

Groups of similar sites are defined at the request of the organisation and in mutual agreement with both the environmental verifier and the competent authority in line with the procedure described below. These groups must be reflected in internal environmental audits and the management review, and all sites within the groups mentioned in the environmental statement and in the register.

All sites covered by the EMAS registration are under the direct control, authority, and supervision of the organisation.

The environmental management system is centrally controlled and managed and is subject to the management review. All sites to be covered by EMAS registration are subject to the organisation’s environmental audit. The scope of its internal environmental audit programme includes all of the sites.

The organisation must also demonstrate its authority and ability to initiate organisational changes at all sites covered by the EMAS registration with a view to achieving its environmental objectives. The organisation must also demonstrate its ability to collect and analyse data from all sites, including headquarters.

7.2.3.

Requirements for the applicant organisation

The organisation provides the environmental verifier with a clear and unambiguous description of its context and a summary of its activities, products, and services, as well as its relationship to any parent or affiliate organisations or subsidiaries, where applicable. That should include:

✓

the groups of sites, including the grouping procedure.

✓

any sites that are potentially excluded from the sampling procedure and the reasons for that restriction.

✓

a description of all significant direct and indirect environmental aspects that result in the organisation’s significant environmental impacts. This should include an explanation of how the nature of the impacts relates to the significant direct and indirect aspects, and it should identify the significant environmental aspects associated with the sites to which the sampling procedure would apply.

✓

the potential risks associated with these environmental aspects.

✓

the organisation’s environmental policy and a brief description of the organisation’s environmental management system, including its objectives and targets related to the significant environmental aspects and impacts. If the organisation does not yet have an environmental management system, it should describe the planned system and its main objectives.

✓

reference to the main environmental regulations applicable.

✓

the list of sites that will be subject to a sampling procedure.

It is recommended that the organisation notify the competent bodies and accreditation and licensing bodies at an early stage of the planned multi-site registration in order to ensure that there are no obstacles that could hinder the multi-site project.

7.2.4.

Criteria for exclusion of sites from the sampling procedure

The sampling method may not be applied in the case of:

✓

sites or organisations granted material incentives and administrative simplifications subject to the requirement that they be assessed in a different manner.

✓

sites where national law explicitly excludes a sampling method.

✓

Sites in non-EU countries ;

✓

sites which, as a feature of their significant environmental aspects, pose a risk of environmental accident that could cause a local environmental problem.

✓

sites subject to legislation on substances of very high concern

As defined in the Proposal for a Regulation establishing a framework for setting eco-design requirements for sustainable products https://environment.ec.europa.eu/system/files/2022-03/COM_2022_142_1_EN_ACT_part1_v6.pdf

;

✓

sites subject to hazardous waste management legislation, except for producers of hazardous waste in small quantities which are subject to national and/or regional exemptions.

✓

sites subject to 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).

(Industrial Emissions Directive).

✓

sites subject to 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 Directive).

7.2.5.

Guidelines for the use of a sampling procedure for the assessment of multi-site organisations

The organisation must set out clearly the proposed scope for the sampling method (the number of sites, a list of all sites covered with a brief description of their activities, an indication of sites excluded from the sampling procedure etc.) in accordance with the requirements listed above.

The sites proposed by the organisation for inclusion in the sampling process must be classified into one or more groups of similar sites. The degree of similarity of a group of sites must ensure that the assessment of a sample of sites is highly representative of the entire group. All sites not included in a group due to their dissimilarity are excluded from the sampling procedure and must be assessed individually.

7.2.6.

Procedure for the application of the sampling method for multi-site organisations

Though the organisation may propose sampling, it is the responsibility of the verifier to determine whether or not it is appropriate. Thus, in preparation for the agreement with the organisation, the verifier must determine whether or not the organisation is eligible for sampling, whether the requirements for its application are met, and whether there should be any exclusions from sampling.

The verifier’s records must show how those conclusions were reached and those records must be made available to the accreditation and licensing bodies for review during supervision. This should include the verifier’s agreement with the suggested scope, definitions of the nature of each group of sites, and a (draft) verification plan that must 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 the verification. This verification plan must 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 level of risk of environmental accidents related to these aspects.

The environmental verifier must also evaluate the transparency of the grouping of similar sites as required and the impact of that grouping on the content of the environmental statement and the organisation’s overall environmental performance. The results of this evaluation must be documented in the verifier's report.

When the environmental verifier has agreed to the proposed scope (including a sampling approach), it identifies the characteristics of each group of sites and prepares a verification plan describing the process and criteria for identifying them, the process for selecting the sites (for the random and non-random parts), and the timing of the verification. The verification plan also includes the main activities and procedures of each group of sites, the significant environmental aspects associated with each group, and an assessment of the risk of environmental accidents related to those aspects.

The environmental verifier should evaluate the level of risk associated with the nature of the activities and processes carried out at each site included in the scope of the sampling. It may also decide to limit the sampling procedure if a sample selection of sites is not suitable for providing sufficient assurance as regards the effectiveness of the management system, due to specific facts. These limitations must be defined by the environmental verifier in relation to:

✓

environmental conditions or other relevant aspects related to the organisational context.

✓

differences in the implementation of the management system on site, taking into account the specific features of the individual sites.

✓

the organisation's compliance with rules (e.g., enforcement agency records, number of complaints, assessment of corrective actions).

The verifier should then document the specific reasons that limit the organisation’s suitability for using a sampling approach.

When a sampling approach is used, this must be included in the notification as required by Articles 23 and 24. At least 4 weeks prior to the verification, the environmental verifier notifies the accreditation and licensing body and the competent body of a list of all sites of an organisation that are scheduled to undergo the sampling procedure, and of all sites that are subject to a separate verification.

Competent bodies must have procedures in place to restrict such sampling where site sampling is inappropriate in terms of gaining sufficient confidence in the effectiveness of the management system under audit.

The accreditation and licensing body and the competent body for the multi-site registration may also use the material evidence received, for example through a written report from the competent enforcement authority or authorities, in accordance with Article 13(2)(c) of the EMAS Regulation, in order to ensure that there is no evidence of a breach of applicable legal requirements relating to the environment.

In the EMAS register, the competent bodies may indicate, at the level of the organisation, which sites are subject to a multi-site sampling procedure.

In their annual meetings, competent bodies may report on the use of the sampling method in their respective countries and include this aspect in their regular peer review exercises.

7.2.7.

Selection and calculation of the sample

The samples must be selected to ensure that the verifier has a representative and comprehensive insight into the environmental performance of the organisation and that it is able to check the reliability of data and local accountability.

Good practice on the selection of sampling techniques should be used and verifiers should take into account the following factors when choosing the sites to be included in the verification programme:

✓

the environmental policy and programme.

✓

the complexity of the environmental management system, the significance of direct

✓

and indirect environmental aspects and impacts and the potential interaction with sensitive environments.

✓

the views of interested parties (complaints, public interest in a site).

✓

the spread of the organisation’s staff over the sites.

✓

the history of environmental problems, over the previous 3 years at least.

✓

results from previous verifications and internal audits.

A site must be verified individually if:

✓

the size, scale, and nature of its activities/operations at the site have been recognised as being different from those of other sites of the same organisation.

✓

the internal audits and the management review have shown the need for corrective action that has not been performed.

✓

substantial changes in the environmental management system or in the operations at the site have occurred since the last verification.

For example, the headquarters should not be part of the sample but should be verified separately during each cycle.

The sampling procedure for selecting sites for on-site assessment within each group of sites must meet the requirements described below.

✓

A representative sample is taken from each group of comparable sites.

✓

The sample is formed partially on a selective basis, in line with the factors explained below, and partially on a non-selective basis (randomly), yielding a representative sample of different sites.

✓

Within each group, the sample of sites must be at least 50% (rounded to the nearest whole number) random (non-selective). The environmental verifier must document the procedure for this randomly based selection.

✓

The procedure for the remaining selective sampling portion must conform to the provisions below.

It must be ensured that, for each new verification, the sites of a group sampled are different from those sampled in the same group during previous verifications. At the first verification and in each subsequent verification cycle, the headquarters must be included in the verification programme. The verification may take into account the results of the internal risk identification audit, which, as a general rule, should be conducted on all of the organisation’s sites.

The minimum number of sites that should be included in the sample taken from each group of sites is calculated on the basis of the following formula.

Example of the sample calculation for a multi-site organisation

For a company operating in the clothing retail sector with 504 locations:

503 sales outlets,

1 headquarters.

1. Formation of groups of sites for the application of the sampling method:

Group 1: 100 sales outlets > 150 m2

Group 2: 400 sales outlets < 150 m2

Individual locations:

3 sales outlets of different sizes and contents

1 headquarters

1. Assessment before initial registration and before renewal of registration:

All individual sites (3 sales sites, 1 head office)

Group 1: at least √100 sales outlets = 10 sales outlets

Group 2: at least √400 sales outlets = 20 sales outlets

For initial EMAS registration and renewal, this number is the square root of the number of sites included in each group and rounded to the nearest whole number (e.g., for a group of 100 sites: √100 = 10).

The environmental verifier must keep detailed records of each application of a sampling procedure for multi-site organisations, justifying the procedure and parameters/criteria used, and demonstrating that the sampling procedure has been applied in accordance with this document.

7.2.8.

Procedure in the case of deviations

Organisations should consider the risk of losing the common registration for all sites in the event of a breach of regulatory requirements at only one site. Taking into account such a risk, organisations may also register these specific locations individually.

If instances of nonconformity or non-compliance are identified during the assessment of a multi-site organisation where a sampling approach has been used, the verifier must proceed as follows.

✓

The extent to which the nonconformity or non-compliance is site-specific or whether other sites may also be affected will be investigated.

✓

The organisation is required to identify all sites that may be affected, take the necessary corrective actions at those sites, and adjust the management system if it is suspected that the nonconformity or non-compliance may indicate a deficiency in the overall management system that may also affect other sites. In the case of a nonconformity or non-compliance that cannot be remedied through timely corrective action, the verifier should not validate the organisation’s environmental statement. In the case of a renewal, it must notify the competent body that the environmental statement has not been validated. The competent body may decide that the registration of the organisation or of the site should be suspended or removed from the EMAS register. It is not possible only to suspend or remove the site where the original nonconformity was found from the EMAS register.

✓

Evidence of these measures will be required, and their effectiveness verified by the environmental verifier, who will expand the sample to include additional sites once remedial measures are in place.

✓

The environmental statement is validated and the declaration on verification and validation activities in accordance with Annex VII of the Regulation is signed only when satisfactory evidence is received that all sites comply with the requirements of the EMAS Regulation and all environmental legal requirements.

7.2.9.

Documentation to be included in the environmental statement justifying the sample size and sampling procedure.

EMAS-registered organisations for which the environmental verifier has applied a sampling/verification scheme in accordance with this section of the User Guide should document this sampling scheme in their environmental statement. The environmental statement should justify (briefly) the procedure for grouping sites and the sample size. The environmental statement lists all sites and clearly distinguishes between visited and non-visited sites.

7.3.

Report of the environmental verifier

After the on-site verification, the environmental verifier must prepare a written report on the results in accordance with Article 25(6) and (7) of the EMAS Regulation, with the following content.

✓

All facts relevant to the work of the environmental verifier.

✓

A description of compliance with all EMAS requirements, including evidence, findings, and conclusions; the report should refer in particular to the evidence used to assess legal compliance (measurement reports, analyses or similar). The report must also indicate the basis for the assessment of the requirements of Article 7 on exemption.

✓

A comparison of environmental performance and targets with previous environmental statements, and an evaluation of the organisation’s environmental performance and continuous environmental performance improvement; the report should identify specific opportunities for improvement as part of the environmental performance evaluation.

✓

Where applicable, the technical deficiencies encountered during the environmental review or audit of the environmental management system and other relevant processes.

✓

In the event of non-compliance with provisions, additional information on findings and related conclusions and the facts upon which such findings and conclusions are based.

✓

Objections to the draft environmental statement or updated environmental statement, and details of any changes or additions that should be made to the environmental statement or updated environmental statement.

The report should be prepared in dialogue with the organisation so that any open questions can be answered quickly. In this way, obstacles to validation can already be addressed in the final meeting and recorded in writing in the form of deviations.

Should the verifier deem individual requirements to be insufficiently met, the environmental top management representative of the organisation can make the necessary changes. In individual cases, the deviation may be so serious that the environmental verifier must verify the correction once again on site. As a rule, however, verifiable evidence is sufficient and must be submitted to the environmental verifier prior to its confirmation of the validation.

The report must be submitted to the environmental management representative, and if possible, to top management.

7.4.

Validation of the environmental statement — Articles 6, 7 and 19 of the EMAS Regulation

If the environmental verifier determines that all requirements of the EMAS Regulation have been met, it validates the environmental statement with its signature and confirms its verification and validation activities to the organisation.

By validating the environmental statement, the environmental verifier confirms that:

✓

the environmental statement meets all EMAS requirements.

✓

the information and data are reliable and correct and comply with EMAS regulations; and

✓

there is no evidence of non-compliance with the applicable environmental regulations.

This confirmation is recorded in the form of a verification note in the environmental statement. Alternatively, the declaration in accordance with Annex VII (Declaration of the environmental verifier on the verification and validation activities), signed in accordance with Article 25(9), can be integrated into the environmental statement.

Every 3 years (with the exemption for small companies every 4 years), the environmental statement must be completely renewed, along with the EMAS registration to be validated by the environmental verifier and submitted to the competent body. In interim years, the environmental statement must be updated by the company, validated by the verifier, and forwarded to the competent body.

If a small organisation uses the four-year cycle for validation, it still prepares an updated environmental statement in the interim years in accordance with Articles 6(2) and 7 of the EMAS Regulation. However, this is not reviewed by the verifier and is submitted to the competent body without validation.

In accordance with Article 19(2), all updated information in the environmental statement, or the updated environmental statement, must be validated by the environmental verifier at intervals of no more than 12 months.

It is good practice for the environmental verifier to be provided with a draft of the environmental statement in advance of its visit.

Step 8:

Registration in the EMAS register — Articles 4, 5 and 6 of the EMAS Regulation

The EMAS Regulation contains certain general rules for registration. Member States can adapt them to their national environmental regulations. Once the environmental management system has been implemented and verified, and the EMAS environmental statement has been validated, the organisation applies to the competent body for EMAS registration.

8.1.

The registration process — Articles 4, 5 and 6 of the EMAS Regulation

Organisations should make contact with the appropriate environmental verifiers during the planning phase. This is to allow enough time to plan the necessary appointments or to agree with the verifier on the scope of the verification, e.g., in connection with the verification of similar sites under what is known as the sampling procedure. Under Article 4(4) of the EMAS Regulation, organisations have the possibility to request information from the environmental verifier.

EMAS uses the EU’s classification of economic activities both for the classification of an organisation into an economic sector and for the accreditation of environmental verifiers. This is arranged in accordance with the NACE code (Nomenclature of Economic Activities). The accreditation area of environmental verifiers must therefore correspond to the economic sector of the organisation. Where there is doubt as to the correct classification of the organisation under the correct NACE code, the competent body or the accreditation bodies are available to help organisations choose the correct NACE code.

Responsible competent body

The organisation submits the application for registration in the EMAS register to the competent body with local responsibility

https://ec.europa.eu/environment/emas/emas_contacts/competent_bodies_en.htm

.

Table 10

Bodies responsible for the various registrations

Note: As far as registration is concerned, the relevant structures may differ in Member States. Normally, there is one competent body in each Member State; however, in some Member States different competent bodies are established at regional level.

SituationWhere does the registration take place?Organisation with a location in the EUCompetent body officially designated by the Member State in which the organisation is located.Organisation with multiple sites in one Member StateCompetent body designated by the Member State.Registration of organisations with multiple sites in several EU Member States (EU corporate registration)In the case of EU corporate registration, the location of the organisation's headquarters or management centre (in that order of preference) is decisive in terms of 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, in accordance with 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 on the basis of 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 responsible for 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 a headquarters nor a management centre in a Member State that provides for third-country registration, then the organisation must 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 competent bodies, as established in Section 3.2 of the Guide on EU corporate, third-country, and global registration under Regulation (EC) No 1221/2009, must be followed. That competent body will then act as leading competent body.

8.1.1.

Required documents for EMAS registration.

The following documents must be submitted to the registry:

✓

the validated EMAS environmental statement (electronic or printed version).

✓

the declaration signed by the environmental verifier certifying that the verification and validation has been carried out in accordance with the Regulation (Annex VII of the Regulation).

✓

the completed application form in the official language of the Member State in which the organisation wishes to be registered (Annex VI of the Regulation) as well as the information required in Annex VI, No 2.

✓

evidence of payment of fees due, if applicable.

8.1.2.

Registration

The competent body checks the documents submitted for completeness and correctness and determines, based on the available evidence, whether the organisation meets all the requirements of the EMAS Regulation.

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

Verification and validation conducted in accordance with the Regulation.

Application form fully completed and all supporting documents in order.

Competent body satisfied with material evidence that there is no evidence of breach of legal requirements relating to the environment. Suitable material evidence would be a written report from the enforcement authority indicating that no such breach has been found.

No relevant complaints from interested parties; or complaints satisfactorily resolved.

Competent body satisfied, on the basis of evidence received, that the organisation meets all the requirements of the Regulation.

Where applicable, the competent body has received the required fee.

The organisation’s environmental management is thus made known to the authorities and enables it to benefit, for example, from possible EMAS privileges in its respective Member State. If the enforcement authorities do not respond negatively within a specified period and there are no complaints from interested parties, or if any complaints have been satisfactorily resolved, the organisation is assigned a registration number and the registration process begins.

Once the organisation is entered in the national and European EMAS register

EMAS register https://green-business.ec.europa.eu/eco-management-and-audit-scheme-emas/about-emas/statistics-and-graphs-0_en#paragraph_1123

, it can use the EMAS logo with the corresponding registration number for marketing purposes (e.g., on its website, on letterheads or in the environmental statement), but not on products or their packaging, or in order to avoid confusion with environmental product labels. EMAS organisations may publish the environmental statement on their own website within 1 month of the registration or renewal of their registration

Article 6(3) of EMAS Regulation

and share that link with the competent body in a timely manner. This ensures access to the current environmental statement via the EMAS register.

The competent bodies of the different Member States provide information on their respective national registrations upon request or via their websites.

8.1.3.

Duration of the registration process

It is considered good practice for a competent body to make the final decision on an organisation’s EMAS registration within 3 months of a successful application. Taking longer to make the final decision on registration can only be justified in exceptional cases, e.g., complex corporate registrations involving several competent bodies in the EU.

8.1.4.

Suspension or deletion of an EMAS registration

This occurs where:

✓

a competent body has reasons to believe that an organisation does not comply with the Regulation.

✓

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’s provisions.

✓

an organisation fails to submit any of the following documents to the competent body within 2 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).

✓

a competent body is informed of a breach of legal environmental requirements via a written report from the enforcement authority.

The competent body may only reverse the suspension if it receives sufficient information that the organisation is in compliance with the Regulation.

The duration of the suspension is not specified in the EMAS Regulation and is therefore to be specified by the competent body concerned or the Member State However, the duration should not exceed 12 months.

Figure 21

EMAS main actors and governance system

8.1.5

Continuous improvement of environmental performance with EMAS

EMAS is a continuous process and does not end with registration in the EMAS register or the renewal of the registration.

The management cycle continues seamlessly. Organisations continue to: develop the environmental programme; identify potential areas for improvement; conduct new environmental audits as changes occur; train employees on an ongoing basis; complete internal operational audits; and update the environmental statement. In short, everything remains current, is documented on an ongoing basis, and results in continuous improvement in environmental performance.

It is therefore important that organisations set their initial environmental objectives and targets while also taking a long-term view that can be improved over validation cycles.

At a certain stage, a level can be reached in terms of environmental impacts where measures requiring great effort only result in small improvements. However, environmental management does not end at that point. The goal of environmental management is always to act in terms of sustainability and resource efficiency. If the improvement potential of a key environmental aspect has largely been exhausted, this can offer an opportunity to venture into new territory, e.g., identifying and managing indirect environmental aspects, such as Scope 3 emissions under the Greenhouse Gas Protocol, or the sustainable alignment of the supply chain. Contextual observation can provide inspiration and impetus here, as can actively dialogue with other stakeholders.

Experience and innovations can be passed on to others so that they too can initiate environmental improvements. Similarly, much knowledge can be acquired from other organisations that can be transferred to one's own organisation. Organisations should take advantage of such opportunities. In some Member States, there are already corresponding institutions or contact points to which one can turn. Worthy of mention here are the relevant environment ministries and competent bodies of the Member States, as well as national and regional EMAS clubs.

8.2

Use of the EMAS logo — Article 10 of the EMAS Regulation

The EMAS logo is particularly suitable for communicating an organisation's environmental awareness to the outside world. In order to increase public awareness of EMAS, its organisations are encouraged to make extensive use of the logo. Only the official logo is valid. The logo must always show the organisation’s registration number, unless it is used for activities promoting and marketing the EMAS scheme. The logo should appear on the environmental statement if possible.

Figure 22

EMAS logo

8.2.1.

Who can use the logo?

The EMAS logo with the registration number may only be used by registered EMAS organisations and only during the period of validity of the registration. In order to convey the characteristics for which the logo stands in a credible fashion, EMAS-registered organisations must observe the following.

✓

There must be a clear relationship between the logo and the organisation. The registration number clearly identifies the EMAS organisation. The EMAS logo must therefore always be used with the registration number.

✓

Published environmental information may display the EMAS logo if it has been verified.

If the information refers to the organisation’s latest (updated) environmental statement and the information has been validated by the environmental verifier, it may display the EMAS logo (see Article 10(5)). This includes, for example, excerpts from the environmental statement or environmental product declarations.

An exception is use by stakeholders for marketing and promotional purposes linked to EMAS (see Article 35(2)). These stakeholders are the competent bodies and the accreditation and licensing bodies. However, this also includes images of the logo in media reports (newspaper, internet etc.), teaching aids (reference books and textbooks) and other uses serving EMAS public relations. In such cases, it must be clearly evident that this is EMAS advertising and information. The impression must not be created that the advertiser is itself EMAS-registered, where that is not the case.

The EMAS registration of organisations is valid only for the site or sites included in the verification by the environmental verifier and named on the registration certificate. Other associated sites that are not registered must not use the logo.

8.2.2

Who awards the logo?

The assignment of the registration number and the EMAS logo is the responsibility of competent bodies. Together with the EMAS registration certificates, competent bodies may also provide the logo with a registration number as a graphic file. The EMAS logo must be created by means of the logo generator of the European Commission

https://ec.europa.eu/environment/emas/join_emas/logo_generator_en.htm

. EMAS organisations with several registered sites or organisational units may advertise with a common logo.

Organisations are increasingly making use of the option of corporate registration or multi-site registration. In that event, registration takes place at a central location, usually at the location of the corporate headquarters. All individual sites assessed are managed under a common registration number. In the case of corporate registration, this option is also available across national borders.

Examples of correct logo use

1. Logo 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.

1. Logo on a document header, submitted to authorities, incorporating validated data concerning the organisation's performance.

1. Logo on a folder containing a report on a partially registered organisation.

1. Logo in the (in-flight) magazine of a registered airline, along with some validated information.

1. Logo on an aeroplane, on a train, on a bus, on a corporate car or lorry, or on a metro of an EMAS registered company.

1. Logo placed on a registered distribution company's lorry along with the company name, beside a validated statement saying: Between 2009 and 2012, we have reduced the average diesel consumption of our lorry fleet by 20% to x litres per 100 km.

1. Logo stamped on a registered travel agency catalogue, containing validated information on sustainable tourism measures, implemented by the organisation.

1. Logo placed on an internal handout for employees, containing exclusively validated information on the operation of the environmental management system.

1. Logo on the newsletter or the cover of a brochure for customers and suppliers, with content taken from the validated environmental statement.

1. Logo in 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.

1. Logo as an underlying graphic for a compilation of validated environmental data in a business report.

1. A general brochure of a governmental organisation addressing how EMAS-registered organisations in general can best recycle or process their various fractions of waste.

1. Logo beside validated environmental information on an organisation's website.

1. Logo on exhibition stands of the registered organisation, promoting the registered organisation itself.

1. Logo on exhibition stands of a registered organisation but promoting EMAS as an environmental management system in general.

1. Logo without a registration number used for promotional purposes by a non-registered organisation.

1. Logo on tickets of a registered municipal transport organisation.

1. Logo in a (short) film of an EMAS-registered organisation.

1. Logo without registration number in a (short) film.

1. Logo on a website of an EMAS-registered organisation.

1. Logo without registration number on a website.

1. Logo in social media posts.

1. Logo without registration number in social media contributions.

8.2.3.

Limits to the use of the logo

The logo may not be used (Article 10(4) of the EMAS Regulation):

✓

on products or their packaging, not even on outer and transport packaging.

✓

in connection with comparisons with other activities and services.

✓

in a manner that may lead to confusion with environmental product labels.

The EMAS logo is an award for organisational and operational environmental performance, not for environmentally friendly products. The risk of confusion with product ecolabels must therefore be avoided. Similarly, a product ecolabel, such as the EU Ecolabel, does not allow any statement about the company's operational environmental protection. The EMAS commitment can only be indicated in text form on products. The organisation is responsible for the correct use of the logo. The requirements of the EMAS Regulation are directly binding on the individual logo user. Misuse that damages EMAS and thus its credibility and quality must be discouraged. Illegal logo use can be punished in accordance with the legislation laid down by Member States for implementation of the EMAS Regulation. The environmental verifier must check that regulations on the use of the EMAS logo comply with Article 10 and Annex V of the EMAS Regulation.

Examples of how not to use the logo.

1. Logo on a product with the message ecological product. Not a correct use as it might be confused with ecolabels for products.

1. Logo stamped on a non-registered tourist accommodation photo, included in a registered travel agency catalogue. No, the use of the logo is confusing. It can only be applied to the travel agency.

1. Logo in a newspaper, as an underlying graphic in a joint advertisement by two companies highlighting 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.

1. Logo in a (short) film of an EMAS-registered organisation. Not if the film is about a product but not about the organisation.

1. Logo on a website of an EMAS-registered organisation. No, if neither the reference to the organisation nor to environmental information is recognisable.

1. Logo in social media posts. No, if in the contribution neither the reference to the organisation nor to environmental information is recognisable.

Where unauthorised use of the logo is intended to bring financial benefits, criminal prosecution may be possible.