51999AP0139

A4-0139/99

Proposal for a Council Regulation allowing voluntary participation by organisations in a Community eco-management and audit scheme (COM(98)0622 - C4-0683/98 - 98/0303(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 5

>Original text>

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

>Text following EP vote>

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

(Amendment 2)

Recital 11a (new)

>Original text>

>Text following EP vote>

Whereas only extensive application of the principle of proportionality is likely to increase participation by craft firms and small businesses; whereas the provisions of this Regulation will have to be applied in a different way, on the basis of various criteria such as the nature, scale and complexity of the activity carried on by the business concerned, and the impact of the business on the environment, its structure and its size;

(Amendment 3)

Recital 12

>Original text>

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

>Text following EP vote>

Whereas it is therefore necessary to ensure

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

(Amendment 4)

Recital 14a and b (new)

>Original text>

>Text following EP vote>

Whereas the Member States should create incentives to encourage organisations to participate in EMAS;

>Original text>

>Text following EP vote>

Whereas the Commission shall establish the conditions for the proper functioning of EMAS in all Member States;

(Amendment 5)

Recital 14c (new)

>Original text>

>Text following EP vote>

Whereas the Commission shall support the candidate countries for EU membership to provide the necessary structures for the application of EMAS;

(Amendment 6)

Recital 15a (new)

>Original text>

>Text following EP vote>

Whereas a modus vivendi was reached on 20 December 1994 between the European Parliament, the Council and the Commission on the measures for implementing acts adopted under the procedure pursuant to Article 189b of the EC Treaty(1);

(1) OJ C 102, 4.4.1996, p. 1.

(Amendment 7)

Article 1(2) and (3)

>Original text>

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

>Text following EP vote>

2.

The objective of EMAS shall be to promote continual improvements in the environmental performance of organisations by:

>Original text>

(a) the establishment and implementation of environmental management systems by organisations;

>Text following EP vote>

(a) drawing up and implementing an environmental policy for organisations and an environmental programme, and the establishment and implementation of environmental management systems by organisations;

>Original text>

>Text following EP vote>

(aa) coordinating with regional environment policies;

>Original text>

(b) the systematic, objective and periodic evaluation of the performance of such systems;

>Text following EP vote>

(b)

the systematic, objective and periodic evaluation of environment policy and the environment programme, and the performance of such systems;

>Original text>

(c) the provision of information of environmental performance to the public and other stakeholders;

>Text following EP vote>

(c)

the provision of information of environmental performance to the public and other stakeholders;

>Original text>

(d) the involvement of employees.

>Text following EP vote>

(d)

the involvement of employees and their representatives, and proper training and retraining to enable them to take an active part in the tasks described in (a) above;

>Original text>

>Text following EP vote>

(da) applying best available technologies (BATs) with the aim of using suitable techniques to reduce environmental impacts, taking preventive measures against pollution, using clean technologies, replacing dangerous and polluted substances, products or modes of transport and assessing the environmental impact of services, especially financial services.

>Original text>

>Text following EP vote>

If no technology is applicable for a given area, subparagraph (da) shall apply mutatis mutandis.

>Original text>

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

>Text following EP vote>

3.

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

>Original text>

>Text following EP vote>

3a. The Member States shall when implementing national legal provisions take account of the scheme¨s endeavours in order to prevent duplication of work. For such cases paragraph 3 shall not apply.

(Amendment 8)

Article 2(ka) (new)

>Original text>

>Text following EP vote>

(ka) stakeholders shall mean all people, organisations, and groups which have a specific and legitimate interest in the organisation which wants to be registered under EMAS. Well recognised stakeholder groups are (1) the people working in the organisation itself, (2) the people living around the physical basis of the organisation, (3) the financial relations of the organisation (banks, insurance companies, private and institutional shareholders), (4) business-to-business partners, and (5) societal groups (such as consumer and environmental organisations and trade unions).

(Amendment 9)

Article 2(l), 2nd subparagraph

>Original text>

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

>Text following EP vote>

The entity to be registered shall be agreed with the verifier

and the competent body taking account of Commission guidance, established in accordance with the procedures laid down in Article 14, but shall not exceed the boundaries of one Member State. Where the organisation constitutes a site this shall be the basis for registration.

(Amendment 10)

Article 2(m)

>Original text>

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

>Text following EP vote>

(m) site shall mean all land at a distinct geographic location under the management control of an organisation covering activities, products and services. This includes all infrastructure, equipment and materials; the site shall as a rule be limited by the territory of the local body delegated by the competent body to carry out the preliminary stage of participation in the EMAS system;

(Amendment 11)

Article 2(q), 2nd subparagraph (new)

>Original text>

>Text following EP vote>

The competent bodies operating at central level in a Member State may delegate the preliminary tasks of participation in EMAS to regional or local bodies.

(Amendments 64 and 12)

Article 3(1)(a) and (b)

>Original text>

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

>Text following EP vote>

(a) adopt an environmental policy in accordance with Annex VI(6)(2) and conduct an environmental review of its environment policy, environment programme, activities, products and services in accordance with Annex VII of this Regulation, indicating the specific instances of compliance or non-compliance with the environmental legislation concerned and addressing the issues contained in Annex VI and, in the light of the results of that review:

>Original text>

(b) implement an environmental management system covering all the elements described in Annex I A of this Regulation. An organisation must also provide for legal compliance, environmental performance improvement and external communication as explained in Annex I B.

>Text following EP vote>

(b)

implement an environmental management system covering all the elements described in Annex I A of this Regulation. An organisation must also provide for legal compliance, environmental performance improvement on the basis of best available technologies (BATs) and external communication as explained in Annex I B. In the case of services the provisions shall apply mutatis mutandis.

>Original text>

Organisations having a certified environmental management system, recognised according to the requirements of Article 9, do not need to conduct a formal initial environmental review when moving on to EMAS implementation, if the necessary information for the identification and evaluation of the environmental aspects of Annex VI is provided by the certified environmental management system;

>Text following EP vote>

Organisations having a certified environmental management system, recognised according to the requirements of Article 9, do not need to conduct a further environmental review when moving on to EMAS implementation, if an audit complying in content and extent with the provisions of this Regulation was carried out when the certified environmental management system was introduced;

(Amendment 13)

Article 3(1)(d)

>Original text>

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

>Text following EP vote>

(d)

prepare, in accordance with Annex III 3.2 an environmental statement. The statement should pay particular attention to the performance of an organisation against its environmental objectives and targets, and the requirements of continuing to improve its protection of the environment, and shall consider the information needs of relevant stakeholders and the public at large;

(Amendment 14)

Article 3(1)(e)

>Original text>

(e) have the initial environmental review, if appropriate, management system, audit procedure and environmental statement or extracts of it produced for defined stakeholders, if required by the organisation, examined to verify that they meet the relevant requirements of this Regulation and the environmental statements validated to ensure it meets the requirements of Annex III 3.2;

>Text following EP vote>

(e)

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

(Amendment 15)

Article 3(1), 2nd subparagraph (new)

>Original text>

>Text following EP vote>

The centres or activities reviewed may be entered in the Commission¨s EMAS Register only if they comply with the environmental law concerned.

(Amendment 16)

Article 3(2)(b)

>Original text>

(b) forward the yearly validated updates of its environmental statement to the competent body and make them publicly available.

>Text following EP vote>

(b)

forward the validated updates of its environmental statement to the competent body and make them publicly available.

(Amendment 17)

Article 3(2a) (new)

>Original text>

>Text following EP vote>

2a.

the environmental statement shall be validated within an appropriate period of up to three years. The frequency of validation shall depend particularly on the following aspects:

>Original text>

>Text following EP vote>

- experience with environmental management systems,

>Original text>

>Text following EP vote>

- the organisation¨s environmental impact,

>Original text>

>Text following EP vote>

- the nature, scale and complexity of its activities,

>Original text>

>Text following EP vote>

- the nature and scale of the expected changes in the management system and environmental impact.

(Amendment 18)

Article 4(6)

>Original text>

6. The Commission shall, in accordance with the procedure laid down in Article 14, promote collaboration between Member States in order in particular to:

>Text following EP vote>

6.

The Commission shall, in accordance with the procedure laid down in Article 14, encourage the Member States to agree on a 'protocol of intent' in order in particular to:

>Original text>

- avoid inconsistency between the criteria, conditions and procedures they apply for the accreditation of environmental verifiers;

>Text following EP vote>

-

avoid inconsistency between the requirements of this Regulation and the criteria, conditions and procedures they apply for the accreditation of environmental verifiers;

>Original text>

- avoid inconsistency between the procedures and measures they apply for the supervision of environmental verifiers they have accredited;

>Text following EP vote>

-

avoid inconsistency between the requirements of this Regulation and the procedures and measures they apply for the supervision of environmental verifiers they have accredited;

>Original text>

- avoid inconsistency between the procedures and measures they apply for the supervision of environmental verifiers accredited in other Member States.

>Text following EP vote>

-

avoid inconsistency between the requirements of this Regulation and the procedures and measures they apply for the supervision of environmental verifiers accredited in other Member States.

(Amendment 19)

Article 4(7)

>Original text>

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

>Text following EP vote>

7.

Environmental verifiers accredited in one Member State may perform verification activities in any other Member State, according to the requirements laid down in Annex V. The intention to perform such activities shall first be notified to the Member State in which the verification activity is being performed; the activity shall be subject to the supervision of the Member State¨s accreditation system.

(Amendment 20)

Article 5(4)

>Original text>

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

>Text following EP vote>

4.

The competent body shall be responsible for the registration of organisations to EMAS. It shall therefore control the entry and maintenance of organisations on the register. Refusal of registration, suspension or deletion of organisations from the register shall require the consultation of the appropriate interested parties, in order to provide the competent body with the necessary elements of evidence for taking its decision. The competent bodies may delegate local bodies to carry out the preliminary stage of registration to EMAS.

(Amendment 21)

Article 6(1), introduction

>Original text>

1. Registration of organisations shall be dealt with by competent bodies on the basis of the following cases:

>Text following EP vote>

1.

Registration of organisations shall be dealt with by competent bodies, directly or through a delegated local body, on the basis of the following cases:

(Amendment 22)

Article 6(2)

>Original text>

2. The competent body shall update any changes in the list of organisations registered to EMAS on a monthly basis.

>Text following EP vote>

2.

The competent body shall update any changes in the list of organisations registered to EMAS on a monthly basis and may organise a system of data exchanges by economic sector and area of competence in the network of delegated local bodies.

(Amendment 23)

Article 8(2) third indent a (new)

>Original text>

>Text following EP vote>

- on products and packaging, independently of the Eco-label.

(Amendment 24)

Article 8(4a) (new)

>Original text>

>Text following EP vote>

4a. The logo may, however, be used on product information sheets and in other information on specific products, provided that the requirements set out in paragraph 3 are complied with and the logo is used for information purposes as a means of referring to EMAS and in connection with a reference to the organisation's environmental statement and its contact address.

(Amendment 25)

Article 9(2)

>Original text>

2. To enable such organisations to be registered to EMAS, the organisation concerned must demonstrate to the verifier only compliance with requirements not covered by the recognised standards.

>Text following EP vote>

2.

To enable such organisations to be registered to EMAS, the organisation concerned must demonstrate to the verifier compliance with requirements not covered by the recognised standards, and hence that they comply in practice with the requirements of continuing improvement of environmental protection and the application of best available technology (BATs).

(Amendment 26)

Article 10(1), 1st subparagraph, indents

>Original text>

- facilitating the access to information, to support funds and to public structures,

>Text following EP vote>

-

facilitating the access to information, to support funds, to public structures and to public contracts,

>Original text>

>Text following EP vote>

- giving them priority access to public facilities, including those cofinanced by the European Community,

>Original text>

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

>Text following EP vote>

-

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

>Original text>

>Text following EP vote>

- ensuring that reasonable registration fees encourage higher participation,

(Amendment 27)

Article 10(2), 2nd subparagraph (new)

>Original text>

>Text following EP vote>

The system shall operate so as to reduce the administrative burden for businesses in general and small businesses in particular.

(Amendment 28)

Article 10(3)

>Original text>

3. Member States shall inform the Commission of the measures taken under this Article.

>Text following EP vote>

3.

Member States shall inform the Commission of the measures taken under this Article. The Commission shall submit such information to the European Parliament in a report by 1 January 2000 at the latest.

(Amendment 29)

Article 10(4)

>Original text>

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

>Text following EP vote>

4.

The Commission shall promote a coherent approach between the legislative instruments developed at Community level in the field of environmental protection and shall draw up an annual report on this subject for the European Parliament, the first of which shall be submitted on 1 January 2000..

(Amendment 30)

Article 10(4a) (new)

>Original text>

>Text following EP vote>

4a. Member States may give preference to EMAS-certified organisations when awarding public contracts if their tenders are equivalent to those of other organisations and the award procedure is public.

(Amendment 31)

Article 11(1), 2nd subparagraph

>Original text>

Member States shall in particular use professional publications, local journals, promotion campaigns or any other functional means to deliver a general awareness level on EMAS.

>Text following EP vote>

Member States shall

, in collaboration with contracting and consumer organisations, trade unions and local institutions, in particular use professional publications, local journals, promotion campaigns or any other functional means to deliver a general awareness level on EMAS.

(Amendment 60)

Article 11(3a) (new)

>Original text>

>Text following EP vote>

3a. The Council, the Commission and the European Parliament shall ensure that their physical assets participate in the Community eco-management and audit scheme within the next two years.

(Amendment 32)

Article 12, 2nd paragraph (new)

>Original text>

>Text following EP vote>

The Commission shall encourage the Member States to draw up a protocol of intent on the common guidelines on penalties.

(Amendment 33)

Article 15

>Original text>

The Commission shall review EMAS in the light of the experience gained during its operation and international developments no later than five years after its entry into force, and shall, if necessary, propose to the Council the appropriate amendments.

>Text following EP vote>

The Commission shall review EMAS in the light of the experience gained during its operation and international developments no later than

three years after its entry into force, and shall, if necessary, propose to the Council and the European Parliament the appropriate amendments.

(Amendment 34)

Annex I. A

>Original text>

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

>Text following EP vote>

The environmental management system shall be implemented according to Section 4 of the

EN ISO 14001:1996 international standard for environmental management systems.

(Amendment 35)

Annex I.B(1), 2nd indent

>Original text>

- provide for legal compliance and

>Text following EP vote>

- ensure legal compliance and

(Amendment 36)

Annex I.B (2a) (new)

>Original text>

>Text following EP vote>

2a Internal communication

The organisation must be able to demonstrate that employees, at all levels and in all remits, are systematically and regularly informed about environmentally relevant organisational and environmental management aspects. Employees must be involved in the process aimed at continuously improving the organisation's environmental performance. Appropriate forms such as the involvement of works councils, newsletters and suggestion books could be used for this purpose. In addition, members of staff at all relevant levels must be provided with training.

(Amendment 37)

Annex II, 2.1, 1st subparagraph

>Original text>

Internal audits ensure that the activities carried out by an organisation are being conducted in accordance with established procedures. The audit may also identify any problems with those established procedures or any opportunities for improving those procedures. The scope of audits carried out within an organisation may vary from the audit of a simple procedure to the audit of complex activities. Over a period of time all activities in a particular organisation will be subject to an audit.

>Text following EP vote>

Internal audits ensure that the activities carried out by an organisation are being conducted in accordance with established procedures

and takes account of the views of employees and their representatives. The audit shall also identify any problems with those established procedures or any opportunities for improving those procedures. The scope of audits carried out within an organisation may vary from the audit of a simple procedure to the audit of complex activities. Over a period of time all activities in a particular organisation will be subject to an audit.

(Amendment 38)

Annex II, 2.6(f)

>Original text>

(f) reporting audit findings and conclusions.

>Text following EP vote>

(f)

reporting audit findings and conclusions in cooperation with the employees and their representatives.

(Amendment 39)

Annex III, 3.1

>Original text>

3. 1. Introduction

>Text following EP vote>

3. 1.

Introduction

>Original text>

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

>Text following EP vote>

The aim of the environmental statement is to provide environmental information regarding the environmental impact and performance of the organisation. It is also a vehicle to address the stakeholder requirements identified as a result of Annex I B 3 and considered as significant by the organisation (Annex VI 4 d).

(Amendment 40)

Annex III, 3.2 (c) and (d)

>Original text>

(c) A description of all the significant environmental impacts of the organisation and an explanation of the nature of that impact

>Text following EP vote>

(c)

A survey of all the significant direct and indirect environmental aspects of the organisation, where possible in measurable terms, and an explanation of the nature of their environmental impact

>Original text>

>Text following EP vote>

(ca) An account of the main environmental standards applying to the undertaking, stating how far it has complied with or even exceeded the environmental provisions

>Original text>

(d) A description of the environmental objectives and targets in relation to the significant environmental impacts

>Text following EP vote>

(d)

A survey of the environmental objectives and targets, where possible in measurable terms, in relation to the direct and indirect environmental aspects of the organisation, and any environmental objectives of the region.

(Amendment 41)

Annex III, 3.2 (e)

>Original text>

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

>Text following EP vote>

(e)

A summary of the data available on the performance of the organisation over a number of years against its environmental objectives and targets and where available comparison of its performance against industry and regulatory standards

(Amendment 42)

Annex III, 3.2, 2nd, 3rd and 4th subparagraph (new)

>Original text>

>Text following EP vote>

As the environmental statement is meant as the basis for communication and dialogue of the organisation with its stakeholders on its environmental performance, the organisation shall consider the information needs of identified and relevant stakeholders and the public at large when drafting and preparing the environmental statement.

>Original text>

>Text following EP vote>

The validated environmental statement must bear the EMAS logo.

>Original text>

>Text following EP vote>

Further guidance on the contents and the internal and external communication in relation to and around the environmental statement will be given in a Commission guidance document.

(Amendment 43)

Annex III, 3.2, 5th subparagraph (new)

>Original text>

>Text following EP vote>

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

(Amendment 44)

Annex III, 3.3

>Original text>

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

>Text following EP vote>

The organisation must update the information detailed in 3.2 yearly and shall have any changes validated yearly by an environmental verifier.

The communicative value of the environmental statement in relation to the satisfaction of identified and relevant stakeholder information needs and the public at large shall be evaluated.The updated environmental statement shall be submitted to the competent body and be made publicly available.

(Amendment 45)

Annex III, 3.4, introduction

>Original text>

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

>Text following EP vote>

Organisations may wish to address

different audiences or stakeholder groups with the information generated by its environmental management system and use only selected information from the environmental statement. Any environmental information published by an organisation can bear the EMAS logo provided it has been validated by an environmental verifier as being:

(Amendment 46)

Annex III, 3.5

>Original text>

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

>Text following EP vote>

Organisations registering to EMAS may wish to produce one corporate

report covering a number of different geographic locations. The intention of EMAS is to ensure local accountability and thus organisations must ensure that where distinct geographic locations have significant environmental impacts these are clearly identified and reported within the corporate report, as well as a justification for not including parts of the organisation which are closely linked to it.

(Amendment 47)

Annex III, 3.6

>Original text>

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

>Text following EP vote>

The information generated in 3.2 a - g which forms the environmental statement for an organisation and the updated information specified in 3.3 must be publicly available.

The environmental statement shall be laid before the public. Organisations are encouraged to use all methods available (electronic publication, libraries etc.). The organisation must be able to demonstrate to the environmental verifier that access to the information required in 3.2 a - g and 3.3 is guaranteed.

(Amendment 48)

Annex III, 3.7, introduction

>Original text>

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

>Text following EP vote>

The raw data generated by an environmental management system

may be used in a number of different ways to show the environmental performance of an organisation. Organisations may select indicators relevant to their business (e.g. energy usage per tonne of product). An organisation must ensure that any performance indicators it selects:

(Amendment 62)

Annex V, 5.2.1, 2nd to 7th indents

>Original text>

- Knowledge and understanding of the legislative, regulatory and other policy requirements relevant to the activity subject to verification

>Text following EP vote>

-

Knowledge and understanding of the legislative, regulatory and other policy requirements relevant to the activity subject to verification

>Original text>

- Knowledge and understanding of environmental issues

>Text following EP vote>

-

Knowledge and understanding of environmental issues, and of the environmental implications for sustainable development

>Original text>

- Knowledge and understanding of the technical aspects, relevant to environmental issues, of the activity subject to verification

>Text following EP vote>

-

Knowledge and understanding of the technical aspects of the activity subject to verification

>Original text>

- Understanding of the general functioning of the activity subject to verification in order to assess the appropriateness of the management system

>Text following EP vote>

-

Understanding of the general functioning of the activity subject to verification in order to assess the appropriateness of the management system

>Original text>

- Knowledge and understanding of environmental auditing requirements and methodology

>Text following EP vote>

-

Knowledge and understanding of environmental auditing requirements and methodology

>Original text>

- Knowledge of information audit (Environmental Statement)

>Text following EP vote>

-

Knowledge of information audit (Environmental Statement)

>Original text>

>Text following EP vote>

- Knowledge and understanding of industrial implications

>Original text>

>Text following EP vote>

- Appropriate proof of all the verifier's knowledge. Such proof also includes the admission requirements for persons entrusted with the statutory audit of accounting records within the scope of the eighth Council Directive based on Article 54(3)(g) of the Treaty on the approval of persons responsible for carrying out the statutory audits of accounting documents (84/253/EEC)

>Original text>

>Text following EP vote>

- Completion of at least three environmental audits under the supervision of a verifier with three years¨ experience, of which one such audit should be carried out in a country other than the new verifier¨s country of origin.

(Amendment 50)

Annex V, 5.3.1, 3rd subparagraph

>Original text>

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

>Text following EP vote>

The accreditation body shall each year draw up a list of retraining opportunities enabling verifiers to keep abreast of the most recent state of developments. Proof of attendance at such retraining events shall be required in order to extend their status as verifiers. Any decision taken by the accreditation body to terminate or suspend accreditation or curtail the scope of accreditation shall be taken only after the accredited environmental verifier has had the possibility of a hearing.

>Original text>

>Text following EP vote>

A clearly understandable public register shall be kept at accreditation bodies with details of verifiers' activities, training, retraining and assessment or evaluation of verifiers¨ previous audits.

(Amendment 52)

Annex V, 5.6

>Original text>

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

>Text following EP vote>

The verifier shall

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

>Original text>

>Text following EP vote>

Small and medium-sized undertakings and the craft trades shall be exempt from this provision. In their case the environmental statement shall be verified every three years.

(Amendment 53)

Annex VI, 6.1, 1st subparagraph

>Original text>

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

>Text following EP vote>

In order to decide on its significant environmental impacts an organisation shall consider all environmental aspects of its activities, products and services and decide, on the basis of criteria

that are in line with the current state of environmental law, environmental programmes, quality objectives, the Community¨s environmental action programme and international environment programmes, which of its environmental aspects have a significant impact.

(Amendment 54)

Annex VI, 6.2

>Original text>

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

>Text following EP vote>

The following issues shall be addressed, within the framework of the environmental policy and programmes and of environmental audits.

>Original text>

(a) emissions to air

>Text following EP vote>

(a) Assessment, control, and reduction of the impact of the activity concerned on the various sectors of the environment.

>Original text>

(b) releases to water

>Text following EP vote>

(b) Energy management, savings and choice.

>Original text>

(c) waste management

>Text following EP vote>

(c) Raw materials management, savings, choice and transportation; water management and savings.

>Original text>

(d) contamination of land

>Text following EP vote>

(d) Waste avoidance, recycling, reuse, transportation and disposal.

>Original text>

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

>Text following EP vote>

(e) Evaluation, control and reduction of noise within and outside the site.

>Original text>

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

>Text following EP vote>

(f) Selection of new production processes and changes to production processes.

>Original text>

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

>Text following EP vote>

(g) Product planning (design, packaging, transportation, use and disposal).

>Original text>

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

>Text following EP vote>

(h) Environmental performance and practices of contractors, subcontractors and suppliers.

(i) Prevention and containment of environmental accidents.

(j) Contingency procedures in case of environmental accidents.

>Original text>

>Text following EP vote>

(k) Staff information and training on environmental issues.

>Original text>

>Text following EP vote>

(l) External information on environmental issues.

(Amendment 55)

Annex VI, 6.3 (fa) (new)

>Original text>

>Text following EP vote>

(fa) innovative instruments with the aim of improving eco-efficiency

(Amendment 56)

Annex VI, 6.3, last paragraph a (new)

>Original text>

>Text following EP vote>

Small businesses and micro-enterprises shall be exempt from this requirement.

(Amendment 57)

Annex VI, 6.3a (new)

>Original text>

>Text following EP vote>

6.3a Kundeopfølgningspolitik

Information should be gathered on the environmental consequence of products sold or services rendered in so far as the organisation is able to influence client environmental behaviour or to review product or environmental consequences of resulting waste streams.

(Amendment 58)

Annex VI, 6.4 (ha) (new)

>Original text>

>Text following EP vote>

(ha) replacement of polluting and dangerous substances and products with environment-friendly and non-hazardous substances and products.

(Amendment 59)

Annex VII, 7.2, 6th paragraph a (new)

>Original text>

>Text following EP vote>

The initial environmental review shall determine clearly and specifically the instances of compliance or non-compliance with the environmental legislation applicable to the activity under review.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation allowing voluntary participation by organisations in a Community eco-management and audit scheme (COM(98)0622 - C4-0683/98 - 98/0303(SYN))(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council COM(98)0622 - 98/0303(SYN) ((OJ C 400, 22.12.1998, p. 7.)),

- having been consulted by the Council pursuant to Articles 189c and 130s(1) of the EC Treaty (C4-0683/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinion of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0139/99),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Instructs its President to forward this opinion to the Council and Commission.