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Document 32013D0131

2013/131/EU: Commission Decision of 4 March 2013 establishing 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(2013) 1114) Text with EEA relevance

OJ L 76, 19/03/2013, p. 1–39 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

This document has been published in a special edition(s) (HR)

Legal status of the document No longer in force, Date of end of validity: 09/11/2023; Repealed by 32023D2463 The end of validity date is based on the date of publication of the repealing act taking effect on the date of its notification. The repealing act was notified but the date of notification is not available on EUR-Lex – the date of publication is used instead.

ELI: http://data.europa.eu/eli/dec/2013/131(1)/oj

19.3.2013   

EN

Official Journal of the European Union

L 76/1


COMMISSION DECISION

of 4 March 2013

establishing 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(2013) 1114)

(Text with EEA relevance)

(2013/131/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC (1), and in particular Article 46(5) thereof,

Whereas:

Companies and other organisations should receive additional information and guidance about the steps needed to participate in EMAS,

HAS ADOPTED THIS DECISION:

Article 1

To provide additional information clarifying the steps needed to participate in EMAS, the Commission adopts this user guide.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 4 March 2013.

For the Commission

Janez POTOČNIK

Member of the Commission


(1)   OJ L 342, 22.12.2009, p. 1.


ANNEX

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)

I.   INTRODUCTION

It is an objective of EU environmental policy to encourage all kinds of organisations to use environmental management systems and reduce their environmental impacts. Environmental management systems are one of the possible tools for companies and other organisations to improve their environmental performance whilst saving energy and other resources. In particular, the EU would like to encourage organisations to participate in the Eco-Management and Audit Scheme (EMAS) which is a management tool for companies and other organisations to evaluate, report and improve their environmental performance.

EMAS was established in 1993 and evolved over time. The EMAS Regulation (1) provides the legal basis for the scheme and the latest revision dates back to 2009.

This ‘EMAS User’s Guide’ has been prepared according to the requirements of Article 46(5) of the EMAS Regulation. This document aims to deliver clear, simple advice for organisations interested in EMAS. It is intended to offer step-by-step instructions that are easy to follow. The guide outlines the main elements and steps to be undertaken by an organisation that intends to participate in the scheme. The document aims to increase the overall uptake of the EMAS management system by facilitating the entry of organisations into the scheme. It is also important to keep in mind the general objective of the European Regulation, which is to harmonise implementation across all Member States and create a common legislative framework. For specific ‘EMAS Global’ related issues the reader is referred to the ‘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)’  (2).

II.   WHAT IS THE ECO-MANAGEMENT AND AUDIT SCHEME (EMAS)?

EMAS is a voluntary tool available to any organisation operating in any economic sector within or outside the European Union that wants to:

assume environmental and economic responsibility;

improve its environmental performance;

communicate its environmental results to society and stakeholders in general.

Below is a step-by-step outline on what needs to be done to register for the scheme and implement it.

Organisations that register with EMAS have to:

prove compliance with environmental legislation;

make a commitment to continually improving their environmental performance;

show they have an open dialogue with all stakeholders;

involve employees in improving the organisation’s environmental performance;

publish and update a validated EMAS environmental statement for external communication.

There are some further requirements. Organisations have to:

conduct an environmental review (including the identification of all direct and indirect environmental aspects);

register by a competent body after successful verification of their organisation.

Once registered, organisations are entitled to use the EMAS logo.

III.   COSTS AND BENEFITS OF IMPLEMENTING EMAS

In general, environmental management systems such as EMAS help organisations to improve resource efficiency, reduce risks and set an example with their public declaration of good practice. The costs of implementing a scheme are outweighed by the savings.

Benefits

A study (3) has been carried out on the costs and benefits of registering with EMAS. Those taking part in a survey were asked to select the impacts that had been most positive from a given list. ‘Energy/resource saving’ ranked top (21 %), as shown in Figure 1. This was followed by ‘reduction in negative incidents’ (18 %) and ‘improved stakeholder relationships’ (17 %).

Figure 1

Benefits of implementing EMAS (% all responses)

Image 1

More efficiency savings

The benefit ‘Energy and resource savings’ ranked top. For organisations of all sizes, there was evidence that energy savings alone exceeded the annual costs of maintaining EMAS. This suggests that larger organisations should easily be able to recover the costs of implementing EMAS.

Fewer negative incidents

This benefit ranked second. Several factors, such as the lower incidence of breaches of environmental law, came into play. This obviously links up with benefits in terms of better relations with regulatory authorities.

Better relations with stakeholders

Organisations rated better relations with stakeholders as a key benefit, particularly in the case of public administration and service companies.

More market opportunities

Registering for EMAS can improve business. It can help retain existing customers and win new business. For public procurement, having an EMAS environmental management system can be an advantage. Though organisations involved in public procurement cannot explicitly require bidders to be EMAS-registered, companies that are registered can use this to show they have the technical means to fulfil contractual environmental management requirements.

Moreover, organisations may encourage their suppliers to have an environmental management system in place as part of their own environmental policy. Being EMAS-registered may make internal business-to-business procedures easier for both parties.

Regulatory relief

EMAS-registered organisations can expect regulatory relief. There may be benefits for companies involved in manufacturing sectors, with advantages under Integrated Pollution Prevention and Control legislation (4).

Several Member States also offer advantages to EMAS-registered organisations regarding state and regional environmental laws and regulations. Such benefits may, for instance, involve simplified reporting obligations; fewer inspections, lower waste fees and longer periods between permit renewals.

Examples include: a 50 % reduction in waste fees; a 20-30 % reduction in fees for licensing procedures; a reduction of up to 100 % in fees for monitoring and enforcement under national law, a 30 % reduction in fees for public services performed by government agencies, a 30 % reduction in fees for surface water licensing procedures, groundwater extraction permits and for landfill licensing procedures. There are also advantages when it comes to administration of monitoring and handling of hazardous chemicals, waste disposal obligations (by not having to demonstrate technical supervision measures) and greenhouse gases monitoring.

Costs and benefits

Businesses should regard registering for EMAS as an investment. Implementing EMAS involves internal and external costs, such as consultancy support, human resources to implement and follow-up measures, inspections, registration fees, etc.

Actual costs and benefits vary widely, depending on, for example, the size and activities of the organisation, the current state of play on environmental management practices, the specific country, etc. But in general, EMAS does lead to significant savings. Various studies have shown that organisations recoup implementation costs through increased revenue within a fairly short time, between one and two years in most cases (5)  (6)  (7)  (8)  (9).

Table 1

Costs and potential annual efficiency savings in EMAS  (10)

Organisation size (11)

Potential annual efficiency savings

(EUR)

First year implementation costs (12) of EMAS

(EUR)

EMAS Annual costs (13)

(EUR)

Micro

3 000 -10 000

22 500

10 000

Small

20 000 -40 000

38 000

22 000

Medium

Up to 100 000

40 000

17 000

Large

Up to 400 000

67 000

39 000

Data on ‘Potential annual efficiency savings’ are based on energy savings only. No data are available on resource efficiency savings.

 

 

Source:

‘Costs and Benefits of EMAS to Registered Organisations’, study for European Commission, 2009.

The EMAS ‘Toolkit for small organisations’  (14) provides many other examples of cost/benefit savings.

As a whole, micro and small organisations face proportionally higher fixed and external costs than medium or large organisations, since the latter benefit from economies of scale, with a higher proportion of costs borne internally by environment departments, and lower external costs as they have less need for consultants. However, even very large organisations are advised to investigate implementation costs in detail.

EMAS and energy management systems such as EN 16001 and ISO 50001 are quite similar. As management of energy use is part of EMAS, EMAS registered organisations already improve their energy efficiency, consequently they fulfil most EN 16001 and ISO 50001 requirements. Therefore this can also result in cost reductions.

Organisations considering EMAS registration should also take into account the technical and financial support or subsidies that Member States, national, regional or local authorities and EMAS Competent Bodies offer.

IV.   EMAS REGULATION

The EMAS scheme was established in Regulation (EC) No 1221/2009 (also known as EMAS III) and is directly applicable in all Member States.

1.   General

1.1.   Scope

Since 2001, any public or private organisation can implement EMAS. With EMAS III, the scheme is also available to non-European organisations or European companies operating in non-European countries. On the latter issue, there is specific guidance on EU corporate registration, third country and global registration.

‘ “Organisation” means a company, corporation, firm, enterprise, authority or institution, located inside or outside the Community, or part or combination thereof, whether incorporated or not, public or private, which has its own functions and administration.’

EMAS can be implemented in one, several or all sites belonging to private or public organisations in any sector of activity (15). The smallest entity that can be registered is a site.

‘ “Site” means a distinct geographic location under the management control of an organisation covering activities, products and services, including all infrastructure, equipment and materials; a site is the smallest entity to be considered for registration.’

1.2.   Requirements

The general procedure for implementing EMAS can be summarised as follows:

(1)

The organisation should start with an environmental review, an initial analysis of all activities the organisation carries out, to identify relevant direct and indirect environmental aspects, and the applicable environmental legislation.

(2)

Then an environmental management system needs to be implemented, in line with the requirements of EN ISO 14001 (Annex II to the EMAS Regulation).

(3)

The system needs to be checked by carrying out internal audits and a management review.

(4)

The organisation writes an EMAS environmental statement.

(5)

The environmental review and the environmental management system are verified and the statement is validated by an accredited or licensed EMAS verifier.

(6)

Once the organisation has been verified, it submits an application for registration to the Competent Body.

The European Commission is developing ‘Sectoral Reference Documents’  (16) in consultation with Member States and other stakeholders. Organisations should take these into account when implementing EMAS and specify in their environmental statement how these documents were used.

Each document includes the following elements:

best environmental management practice;

environmental performance indicators for specific sectors;

where appropriate, benchmarks of excellence and rating systems identifying environmental performance levels.

Figure 2

General schedule for EMAS implementation

Image 2

Environmental review

Environmental management system

* General requirements

* Environmental policy

* Planning

* Implementation and operation

* Checking requirements in place

Internal audit/Management Review

EMAS environmental statement

Verification and Validation

Registration: Competent Body

Table 2

Indicative time schedule for the implementation of EMAS. The time involved in each activity is an average, which can be shorter or longer depending on the Member State, the organisation size, etc.

EMAS

Month 1

Month 2

Month 3

Month 4

Month 5

Month 6

Month 7

Month 8

Month 9

Month 10

Environmental review

X

X

 

 

 

 

 

 

 

 

Environmental management system

 

X

X

X

X

X

X

 

 

 

General requirements

 

X

 

 

 

 

 

 

 

 

Environmental policy

 

X

 

 

 

 

 

 

 

 

Planning: Environmental Objectives and targets

 

X

 

 

 

 

 

 

 

 

Planning: Environmental programme

 

 

X

X

X

 

 

 

 

 

Implementation and operation: Resources, roles, responsibility and authority

 

 

 

 

X

 

 

 

 

 

Implementation and operation: Staff competence, training and awareness, including employee involvement

 

 

 

 

X

 

 

 

 

 

Implementation and operation: Communication (internal and external)

 

 

 

 

 

X

 

 

 

 

Implementation and operation: Documentation and control of documents

 

X

X

X

X

X

 

 

 

 

Implementation and operation: Operational control

 

 

 

 

 

X

X

 

 

 

Implementation and operation: Emergency plans

 

 

 

 

 

 

X

 

 

 

Checking: Monitoring and measuring, evaluation of compliance, non-conformity, corrective and preventive action, control of records

 

 

 

 

X

X

X

 

 

 

Checking: Internal Audit

 

 

 

 

 

 

X

X

 

 

Management review

 

 

 

 

 

 

 

X

 

 

EMAS environmental statement

 

 

 

 

 

 

 

 

X

 

Verification and Validation

 

 

 

 

 

 

 

 

X

 

Registration

 

 

 

 

 

 

 

 

 

X

2.   How to implement EMAS

2.1.   Environmental review

The first step in implementing EMAS properly is to conduct a thorough analysis of an organisation’s internal structure and activities. The aim is to identify environmental aspects associated with environmental impacts. That is the basis for setting up a formal environmental management system.

‘ “Environmental Review” means an initial comprehensive analysis of environmental aspects, environmental impacts and environmental performance related to an organisation’s activities, products and services.’

The analysis must include:

Legal requirements that apply to the organisation;

Identification of direct and indirect environmental aspects;

Criteria for assessing the significance of the environmental aspects;

Examination of all existing environmental management practices and procedures;

Evaluation of feedback after investigation of incidents in the past.

‘ “Environmental aspect” means an element of an organisation’s activities, products or services that has or can have an impact on the environment.’ Environmental aspects may be input related (consumption of raw materials and energy, for instance) or output related (air emissions, waste generation, etc.).

Figure 3

Relation between activities, environmental aspects and environmental impacts

Image 3

Activities/Products/Services

Environmental aspects

Environmental impacts

The organisation needs procedures to ensure that activities identified as significant during the first environmental review are properly followed up later. Environmental aspects and related impacts may change, as may the organisation’s activities. If the changes are substantial, the environmental review may have to be updated. An organisation should also be aware of new developments, techniques, research results, etc., to help it reassess the significance of its environmental aspects and the possible need to carry out a new environmental review if its activities change significantly.

What is the procedure for carrying out an environmental review?

Organisations must:

identify environmental aspects stemming from their manufacturing processes, activities or services; and

establish criteria to assess the significance of these aspects. The criteria need to be comprehensive and it must be possible to verify them independently.

The organisation should remember that it will have to disclose the environmental aspects it identifies and the results of the evaluation to external stakeholders.

How should environmental aspects be identified?

All relevant information needs to be gathered.

This can mean:

Visiting sites to check process inputs and outputs (taking notes, making drawings as required);

Collecting location maps and pictures;

Identifying applicable environmental legislation;

Collecting all environmental permits, licences and similar documents;

Checking all sources of information (incoming invoices, counters, data concerning equipment, etc.);

Checking the use of products (often the purchasing and sales departments are useful starting points);

Identifying key persons (management and workers). Workers involved in all internal systems should be asked for input;

Requesting information from subcontractors, who may have a significant influence on an organisation’s environmental performance;

Taking into account past accidents, the results of monitoring and inspections; and

Identifying start-up and shutdown situations and identified risks.

Both direct and indirect environmental aspects must be taken into account, and the definitions below should be helpful in identifying these:

‘ “direct environmental aspect” means an environmental aspect associated with activities, products and services of the organisation itself over which it has direct management control.’

‘ “indirect environmental aspect” means an environmental aspect which can result from the interaction of an organisation with third parties and which can to a reasonable degree be influenced by an organisation.’

It is essential to consider indirect aspects. This applies both to the private and public sectors, so local authorities, service companies or financial institutions, for instance, need to extend their review beyond site aspects.

Organisations must be able to show they have identified significant environmental aspects associated with their procurement procedures, and that they have addressed significant environmental impacts associated with these in their management system.

Table 3

Examples of direct and indirect aspects

Environmental aspects

Direct aspects

Indirect aspects

Air emissions

Water emissions

Waste

Use of natural resources and raw materials

Local issues (noise, vibration, odours)

Land use

Air emissions related to transport

Risks of environmental accidents and emergency situations

Product life cycle related issues

Capital investment

Insurance services

Administrative and planning decisions

Environmental performance of contractors, subcontractors and suppliers

Choice and composition of services, e.g. transport, catering, etc.

Direct environmental aspects have to include the related legal requirements and permit limits, e.g. if specific pollutants are bound to emission limit values or other requirements, those emissions should be considered as direct environmental aspects.

Assessment of environmental aspects

The next step is to associate aspects with their effects or impacts on the environment. Table 4 provides an example of such links.

Table 4

Examples of environmental aspects and impacts

Activity

Environmental aspect

Environmental impact

Transport

Used oils for machinery

Carbon emissions of trucks and machinery

Soil, water, air pollution

Greenhouse effect

Construction

Air emissions, noise, vibration, etc., by construction machines

Land use

Noise, soil, water, air pollution

Land cover destruction

Biodiversity loss

Office services

Use of materials such as paper, toner, etc.

Electric power consumption (leading to indirect CO2 emissions)

Mixed municipal waste pollution

Greenhouse effect

Chemical industry

Waste water

Emission of volatile organic compounds

Emission of ozone depleting substances

Water pollution

Photochemical ozone

Ozone layer depletion

Once the aspects and their impacts have been identified, the next step is to conduct a detailed assessment of each to determine significant environmental aspects.

‘ “Significant environmental aspect” means an environmental aspect that has or can have a significant environmental impact.’

The issues to consider when assessing significance are:

(i)

potential to cause environmental harm;

(ii)

fragility of the local, regional or global environment;

(iii)

size, number, frequency and reversibility of the aspect or impact;

(iv)

existence and requirements of relevant environmental legislation;

(v)

importance to stakeholders and employees of the organisation.

Based on these criteria, the organisation can draw up an internal procedure or use other tools to assess the significance of environmental aspects. Small and Medium-sized Enterprises (SMEs) will find that the EMAS SME toolkit (17) provides very useful information.

In assessing the significance of environmental aspects, it is important to take into account not just normal operating conditions, but also start-up, shutdown and emergency conditions. Past, present and planned activities should all be considered.

For each environmental aspect, the corresponding impact should be rated according to:

Magnitude — level of emissions, energy and water consumption, etc.;

Severity — hazards, toxicity, etc.;

Frequency/probability;

Concerns of interested parties;

Legal requirements.

Table 5

Assessing environmental aspects

Assessing criteria

Example

Which outputs or activities of the organisation may negatively affect the environment?

Waste: mixed municipal waste, waste packaging, hazardous waste

Magnitude of aspects which may impact the environment

Quantity of waste: High, medium, low

Severity of aspects which may impact on the environment

Hazardousness of waste, toxicity of materials: High, medium, low

Frequency of aspects which may impact the environment

High, medium, low

Public and employee awareness for the aspects associated to the organisation

Severe, some, no complaints

Organisation activities regulated by environmental legislation

Waste law permit, monitoring obligations

Note:

it is useful to quantify criteria and the overall significance of particular aspects.

How to check legal compliance

‘ “Legal compliance” means full implementation of applicable legal requirements, including permit conditions, relating to the environment.’

Member States have to ensure that organisations have access to information and assistance on the following issues, at a minimum:

Information on the applicable legal requirements relating to the environment; and

Identification of the competent enforcement authorities for specific legal requirements relating to the environment.

The enforcement authorities are required to reply to requests for information, at least from small organisations, on the applicable legal requirements relating to the environment, as well as information on how organisations can meet those legal requirements.

Identifying all applicable legal requirements means taking into account different levels of environmental legislation, if appropriate, such as national, regional or local requirements, including permits and licences.

The organisation must also take into account other relevant requirements, for instance, in procurement conditions, business contracts, voluntary agreements that the organisation has signed or subscribed to, etc.

It is essential to identify legal requirements at this point, so that an organisation can pinpoint any that may not be fulfilled. If necessary, an organisation must then take measures to comply with all relevant environmental legislation (see 2.2.5.2 for evaluation of legal compliance).

2.2.   Environmental management system

‘ “Environmental management system” means the part of the overall management system that includes the organisational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy and managing the environmental aspects.’

2.2.1.   General requirements

To start with, the organisation must define and document the scope of its environmental management system.

Each site to be involved in an EMAS registration must comply with all the requirements of EMAS.

The organisation has to set up, document, implement and maintain an environmental management system in accordance with Section 4 of EN ISO 14001. If the organisation has implemented an environmental management system (other than ISO 14001) that the Commission has recognised (18), it does not have to repeat items that have already been officially recognised when it seeks to fulfil EMAS requirements.

2.2.2.   Environmental policy

‘ “Environmental policy” means the overall intentions and direction of an organisation relating to its environmental performance as formally expressed by top management (…). It provides a framework for action and for the setting of environmental objectives and targets.’

Environmental policy must include the following points:

Commitment to complying with legal and other requirements related to its environmental aspects;

Commitment to preventing pollution;

Commitment to continually improving environmental performance.

The environmental policy is a framework for action and for setting strategic environmental objectives and targets (see below). It needs to be clear and must address the top priorities on which specific objectives and targets can be further defined.

2.2.3.   Planning

Once basic underlying issues as described above have been covered, the process moves on to planning.

2.2.3.1.   Environmental objectives and targets

‘ “Environmental objective” means an overall environmental goal, arising from the environmental policy that an organisation sets itself to achieve, and which is quantified where practicable.’

‘ “Environmental target” means a detailed performance requirement, arising from the environmental objectives, applicable to an organisation or parts thereof, and that needs to be set and met in order to achieve those objectives.’

An organisation must draw up and document the objectives and detailed targets for each of the aspects relevant in the organisation, in line with its environmental policy.

Once objectives have been defined, the next step is to set proper targets for them. With targets, it is possible to plan specific actions to be carried out to achieve good environmental management.

Figure 4

Relation between objectives, targets and actions

Image 4

Objective

Target

Action

An example:

Environmental objective

Minimise hazardous waste generation

Target

Reduce the use of organic solvents in the process by 20 % within three years

Action

Reusing solvents whenever possible

Recycling organic solvents

Objectives and targets should be measurable where possible, and consistent with an organisation’s environmental policy. The ‘SMART’ criteria are useful:

Specific — each target should address a single issue.

Measurable — each target should be expressed quantitatively.

Achievable — it should be possible to meet the targets.

Realistic — targets should be demanding and drive continuous improvement, but not overly ambitious. They can always be revised once they have been met.

Time-bound — there should be a deadline for achieving each target.

2.2.3.2.   Environmental programme

‘ “Environmental Programme” means a description of the measures, responsibilities and means taken or envisaged to achieve environmental objectives and targets and the deadlines for achieving the environmental objectives and targets.’

The environmental programme is a tool to help the organisation plan and implement improvements from day to day. It should be kept up-to-date, and detailed enough to give an overview of progress towards meeting targets. The programme should specify who is responsible for achieving objectives and targets, as well as details of the resources and timeframes involved. Resources themselves (e.g. financial, technical or personnel means) cannot be environmental objectives.

In practice, the programme is often drawn up in tabular form, covering the following:

environmental objectives, linked to direct and indirect aspects;

specific targets to achieve objectives; and

actions, responsibilities, means and timeframe for each target:

Description of the action(s);

Person in charge of the target;

State of play at the start of implementation;

Means necessary to achieve targets;

Frequency of monitoring progress towards the target;

Final result to be achieved, including deadline;

Records associated to the process above must be kept.

Both direct and indirect aspects should be taken into account in drawing up the programme. The organisation should commit itself to improving its environmental performance continuously.

2.2.4.   Implementation and operation

2.2.4.1.   Resources, roles, responsibility and authority

If EMAS is to succeed, then top management must be willing to provide the resources and organisational structures needed to support the system. These include human resources and specialised skills in personnel, organisational infrastructure, technology, as well as financial resources.

The environmental review will have examined existing organisational infrastructure, management practices and procedures. At this point, it is time to adapt internal structures and procedures if necessary.

The organisation’s top management must appoint a management representative, i.e. a person ultimately responsible for the environmental management system. Their role is to make sure that all the environmental management system requirements are in place, working and up-to-date, as well as to keep the general management team informed about how the system is working. They should report on its strengths and weaknesses, and on improvements needed.

The representative should be qualified and experienced in environmental issues, environment-related legal requirements, management aspects, working group skills, with leadership and coordination skills. The organisation must ensure these competences are all available within the organisation.

Competence, training and awareness

The organisation has to define the experience and knowledge required among staff for good environmental management performance.

It must draw up, implement and maintain a procedure to identify training needs and do whatever is necessary to ensure that staff involved in the environmental management system has appropriate knowledge of:

The organisation’s environment policy;

Legal requirements and other environmental requirements applicable to the organisation;

The objectives and targets set up for the organisation as a whole and for their specific work areas;

Environmental aspects and impacts and the methodology for monitoring them;

Their roles and responsibilities within the environmental management system.

Everyone working for the organisation or on its behalf should be aware of their roles within EMAS and the environmental benefits of the system. They should receive, or at least have access to, training on environmental awareness and on the organisation’s environmental management system.

Figure 5

Flow chart diagram on training within the environmental management system

Image 5

Identification of training and awareness needs

Assessment of training and awareness activities

Planning of training and awareness activities

Training and awareness activities

Environmental awareness can be achieved through training or other activities, such as communication campaigns, surveys, etc.

Actively involved employees are a driving force for continuous, successful improvement, and they help to anchor EMAS in the organisation. They can become involved through, for instance, an environmental committee, working groups, by suggestion systems, incentive programmes or other activities.

There should be roles for employees at different levels within the development and implementation of the system. They could, for instance, be involved in:

Identifying environmental aspects;

Drawing up and revising procedures and/or instructions;

Proposing environmental objectives and targets;

Taking part in an internal audit process;

Drafting the EMAS environmental statement.

Management must offer on-going feedback to employees, and seek feedback from them.

2.2.4.2.   Communication

Good internal and external two-way communication is essential to implement an EMAS-registered environmental management system successfully. The organisation needs to recognise the need to communicate with stakeholders on environmental issues and the value of doing so. It is obliged to make the environmental statement public, and it will need to identify what will be communicated and to whom. It will need to monitor the results of its communication and to determine whether it has been effective.

Internal communication should flow in both directions (top down and bottom up). This can be done by using intranet, brochures, internal publications, newsletters, suggestion boxes, meetings, bulletin boards, etc.

Examples of external communication are the EMAS environmental statement, internet, action days, press releases, brochures and use of the EMAS logo if possible and allowed.

2.2.4.3.   Documentation and control of documents

There should be documentation on the environmental management system, covering the following:

Environmental policy;

Environmental objectives and targets;

Description of the scope of the environmental management system;

Description of the main elements of the environmental management system;

Roles, responsibilities and authorities;

Procedure for managing operational control;

Operational procedures;

Work instructions.

Documentation should be clear and concise to avoid confusion or misunderstanding.

EMAS documents can be integrated into other management systems (quality, energy, health and safety, etc.) or vice versa to optimise them, to avoid duplication and to reduce bureaucracy.

SMEs should aim to offer their staff clear, simple, easy-to-use documentation.

Environmental management manual

This covers the environmental policy, environmental protocols and activities. It should be integrated into the organisation’s annual management plan. The manual does not need to be long and complex. It should help staff to understand how the organisation has set up and structured its environmental management system, how the different parts of the environmental management system are interrelated and what the roles of particular individuals are within the scheme. This manual is not obligatory, though most organisations opt to have one.

Procedures

Documents on procedures describe HOW, WHEN and by WHOM specific actions have to be carried out.

Examples are procedures for:

identifying and evaluating significant aspects;

managing legal compliance;

managing the identified significant environmental aspects;

managing monitoring and measurements;

managing emergency preparedness;

managing non-conformities, preventive and corrective actions;

identifying and managing competence, training and awareness;

managing communication;

managing documents;

managing records;

managing internal audits.

Work instructions

Work instructions must be clear and easy to understand. They should explain the relevance of an activity, the environmental risk associated with it, specific training for staff responsible for carrying it out, and how it is to be supervised. It may be useful to illustrate it with pictures, pictograms or other ways of ensuring all employees can readily understand the instructions.

Managing documents

The organisation has to set up, implement and maintain a procedure to manage documents drafted for the environmental management system. Specific attention should be paid to records (see 2.2.5.4).

This will require a procedure to:

Figure 6

Process to manage documents within an environmental management system

Image 6

Create an EMS document

Approve it

Distribute it among the staff

Eliminate the old version

Review it and modify it if necessary

Control it

The system should ensure that different versions of documents remain available, and that documents remain legible and readily identifiable.

Documents from external sources can be included, as they are often essential to ensuring the environmental management system works correctly. Such documents could include information from local authorities and public administrations, equipment user manuals, health and safety sheets, etc.

2.2.4.4.   Operational control

Operational control involves identifying and planning operations that are associated with the significant environmental aspects consistent with the policy, objectives and targets (see Figure 7). It might also cover activities such as equipment maintenance, start-up and shutdown, management of onsite contractors, and services provided by suppliers or vendors. There need to be procedures to address identified risks, to set targets and to measure environmental performance (preferably through clear environmental indicators). The procedures must define normal conditions. Abnormal conditions and emergencies must be defined and described. Operational control procedures should be well documented and submitted to internal audits.

Figure 7

Operational control

Image 7

Operational control

Environmental aspects

Set up operating criteria

Control objectives and targets

2.2.4.5.   Emergency preparedness and response

The organisation has to draw up, implement and maintain procedures to identify potential emergencies and potential accidents to:

Avoid the risk of an accident;

Describe how the organisation responds to accidents;

Prevent or mitigate associated adverse environmental impacts.

The emergency plan is essential in industry and in organisations involved in potentially risky activities.

The organisation must periodically review its emergency preparedness (including appropriate training) and its response procedures. It should revise them if necessary, particularly after emergencies or accidents. Procedures should also be tested periodically.

Figure 8

Emergency plans

Image 8

Identification of potential accidents and emergencies

Environmental impact evaluation

Preventive measures

Emergency plans

Testing, training and reviewing

Periodic revision

2.2.5.   Checking

2.2.5.1.   Monitoring and measurement

The organisation needs to draw up, implement and maintain a procedure to monitor and measure significant parameters such as air emissions, waste, water and noise regularly to gain added value from the findings. Reporting on core performance indicators is an obligation (see 2.3.2).

Legal requirements on monitoring have to be taken into account, and monitoring criteria such as the frequency of inspections and the methodology must comply with them. Information on these is useful to ensure:

Compliance with legal requirements and regulations;

Accurate evaluation of environmental performance;

A complete and transparent EMAS statement.

Depending on the organisation’s needs, other factors can also be measured and monitored:

Significant environmental aspects;

Environmental policy and objectives;

Level of awareness among employees etc.

Measuring equipment must be calibrated on a regular basis to comply with legislation and to obtain accurate results.

2.2.5.2.   Evaluation of legal compliance

Legal compliance is a key requirement of the EMAS regulation and an organisation cannot register without it, so it has to have a procedure to review and evaluate this regularly.

This is best done by making a list of all relevant legislation and specific requirements, then comparing this to the organisation’s specific circumstances (see Table 6). Larger, more complex organisations may need to use databases or seek external assistance.

If the verifier finds instances of non-compliance that have not been corrected, they are not allowed to validate an environmental statement or to sign the final declaration (Annex VII).

Table 6

Example of simple legal compliance evaluation

Applicable environmental legislation

Specific requirement

Status of the organisation

Result

Waste law

Permit for waste production

Waste management

Outdated permit

Waste management under control

Get an updated permit

Air emissions law

Emission limits (NOx, SOx, particles, etc.)

Permit for boilers

Under the limits

Permits updated

OK

Noise law

Noise limit in the area

Under the level permitted

OK

Water treatment law

Specific treatment (elimination of P and N)

Effluent limits

Permit for emission to watercourse

Not in place yet

Not in full compliance

Permit not updated

Correct the situation

GHG laws

Limits of GHG allocated

Under the limit

OK. It is possible to sell some emission allowances

2.2.5.3.   Non-conformity, corrective and preventive actions

The organisation has to set up, implement and maintain a procedure for dealing with cases and potential cases of non-conformity, with EMAS requirements.

The procedure must include ways of:

Identifying and correcting the case;

Investigating the cause and effects of the case;

Evaluating the need for action to avoid recurrence;

Recording the results of corrective action taken;

Evaluating the need for measures to prevent cases of non-conformity;

Implementing appropriate preventive action to avoid such cases; and

Reviewing the effectiveness of corrective and preventive action.

Non-conformity means any kind of non-fulfilment with the basic requirements specified in procedures and technical instructions.

Non-conformities may be the result of human or implementation error. Changes to correct and avoid recurrence must be made as soon as possible.

Non-conformities may be detected through:

Operational control;

Internal/external audit;

Management review; or

As part of daily activity.

Corrective and preventive actions

The EMAS management representative has to be informed about non-conformities so they can make decisions about taking corrective action, if appropriate.

Where potential non-conformities have been identified, the EMAS management representative has to be informed, so they can make decisions about taking preventive action, if appropriate.

Both corrective and preventive action should be recorded. It may be necessary to change the environmental management system documentation as a result.

2.2.5.4.   Control of records

The organisation must set up a system to maintain records to show that it complies with the requirements of its environmental management system.

The organisation must set up, implement and maintain a procedure for managing its records. This should cover issues such as identification, storage, protection, retrieval, retention and disposal of records.

Records have to be and remain identifiable, legible, updated and traceable.

Examples of records:

electricity, water and raw materials consumption;

waste generated (hazardous and non-hazardous waste);

greenhouse gases (GHG) emissions;

incidents, accidents and complaints;

legal requirements;

audit reports and management reviews;

inspection reports;

significant environmental aspects;

non-conformities, corrective and preventive actions;

communication and training;

suggestions fro