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Regulation (EC) No 1221/2009 of the European Parliament and of the CouncilDangos y teitl llawn

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

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ANNEX IIU.K.Environmental management system requirements and additional issues to be addressed by organisations implementing EMAS

The environmental management system requirements under EMAS are those laid down in Section 4 of the EN ISO 14001:2004 standard. These requirements are reproduced in the left column of the table below, which constitutes Part A of this Annex.

In addition, registered organisations are required to address a number of additional issues that have a direct link to a number of elements of Section 4 of the EN ISO 14001:2004 standard. These additional requirements are listed in the right column below, which constitutes Part B of this Annex.

a

The use of the text reproduced in this Annex is made with the permission of the European Committee for Standardisation (CEN). The full text can be purchased from the national standard bodies, the list of which is given in this Annex. Any reproduction of this Annex for commercial reasons is not permitted.

PART Aenvironmental management systems requirements under EN ISO 14001:2004PART Badditional issues to be addressed by organisations implementing EMAS
Organisations participating in the eco-management and audit scheme (EMAS) shall implement the requirements of EN ISO 14001:2004, which are described in Section 4 of the European Standarda and are fully reproduced below:

A.Environmental management system requirements

A.1.General requirements

The organisation shall establish, document, implement, maintain and continually improve an environmental management system in accordance with the requirements of this International Standard and determine how it will fulfill these requirements.
The organisation shall define and document the scope of its environmental management system.

A.2.Environmental policy

Top management shall define the organisation's environmental policy and ensure that, within the defined scope of its environmental management system, it:

(a)is appropriate to the nature, scale and environmental impacts of its activities, products and services;

(b)includes a commitment to continual improvement and prevention of pollution;

(c)includes a commitment to comply with applicable legal requirements and with other requirements to which the organisation subscribes which relate to its environmental aspects;

(d)provides the framework for setting and reviewing environmental objectives and targets;

(e)is documented, implemented and maintained;

(f)is communicated to all persons working for or on behalf of the organisation; and

(g)is available to the public.

A.3.Planning

A.3.1.Environmental aspects

The organisation shall establish, implement and maintain a procedure(s):

(a)to identify the environmental aspects of its activities, products and services within the defined scope of the environmental management system that it can control and those that it can influence taking into account planned or new developments, or new or modified activities, products and services; and

(b)to determine those aspects that have or can have significant impact(s) on the environment (i.e. significant environmental aspects).

The organisation shall document this information and keep it up to date.
The organisation shall ensure that the significant environmental aspects are taken into account in establishing, implementing and maintaining its environmental management system.

B.1.Environmental review

Organisations shall carry out an initial environmental review as set out in Annex I in order to identify and evaluate their environmental aspects and identify applicable legal requirements relating to the environment.

Organisations outside the Community shall also make reference to the legal requirements relating to the environment applicable to similar organisations in the Member States where they intend to submit an application.

A.3.2.Legal and other requirements

The organisation shall establish, implement and maintain a procedure(s):

(a)to identify and have access to the applicable legal requirements and other requirements to which the organisation subscribes related to its environmental aspects; and

(b)to determine how these requirements apply to its environmental aspects.

The organisation shall ensure that these applicable legal requirements and other requirements to which the organisation subscribes are taken into account in establishing, implementing and maintaining its environmental management system.

B.2.Legal compliance

Organisations wishing to register with EMAS shall be able to demonstrate that they:

(1)have identified, and know the implications to the organisation of all applicable legal requirements relating to the environment, identified during the environmental review according to Annex I.

(2)provide for legal compliance with environmental legislation, including permits and permit limits; and

(3)have procedures in place that enable the organisation to meet these requirements on an ongoing basis.

A.3.3.Objectives, targets and programme(s)

The organisation shall establish, implement and maintain documented environmental objectives and targets, at relevant functions and levels within the organisation.
The objectives and targets shall be measurable, where practicable, and consistent with the environmental policy, including the commitments to prevention of pollution, to compliance with applicable legal requirements and with other requirements to which the organisation subscribes, and to continual improvement.
When establishing and reviewing its objectives and targets, an organisation shall take into account the legal requirements and other requirements to which the organisation subscribes, and its significant environmental aspects. It shall also consider its technological options, its financial, operational and business requirements, and the views of interested parties.
The organisation shall establish, implement and maintain a programme(s) for achieving its objectives and targets. Programme(s) shall include:

(a)designation of responsibility for achieving objectives and targets at relevant functions and levels of the organisation; and

(b)the means and time-frame by which they are to be achieved.

B.3.Environmental performance

(1)Organisations shall be able to demonstrate that the management system and the audit procedures address the actual environmental performance of the organisation with respect to the direct and indirect aspects identified in the environmental review under Annex I.

(2)The environmental performance of the organisation against its objectives and targets shall be evaluated as part of the management review process. The organisation shall also commit itself to the continual improvement of its environmental performance. In doing so, the organisation may base its action on local, regional and national environmental programmes.

(3)The means to achieve the objectives and targets cannot be environmental objectives. If the organisation comprises one or more sites, each of the sites to which EMAS applies shall comply with all the requirements of EMAS including the continual improvement of environmental performance as defined in Article 2(2).

A.4.Implementation and operation

A.4.1.Resources, roles, responsibility and authority

Management shall ensure the availability of resources essential to establish, implement, maintain and improve the environmental management system. Resources include human resources and specialised skills, organisational infrastructure, technology and financial resources.
Roles, responsibilities and authorities shall be defined, documented and communicated in order to facilitate effective environmental management.
The organisation's top management shall appoint a specific management representative(s) who, irrespective of other responsibilities, shall have defined roles, responsibilities and authority for:

(a)ensuring that an environmental management system is established, implemented and maintained in accordance with the requirements of this International Standard;

(b)reporting to top management on the performance of the environmental management system for review, including recommendations for improvement.

A.4.2.Competence, training and awareness

B.4.Employee involvement

(1)The organisation should acknowledge that active employee involvement is a driving force and a prerequisite for continuous and successful environmental improvements as well as being a key resource in the improvement of environmental performance as well as the right method to anchor the environmental management and audit system in the organisation in a successful way.

(2)The term ‘employee participation’ includes both participation of, and information to the individual employee and his representatives. Therefore, there should be an employee participation scheme at all levels. The organisation should acknowledge that commitment, responsiveness and active support from the side of the management is a prerequisite for the success of those processes. In this context the necessity of feedback from the management to the employees must be stressed.

The organisation shall ensure that any person(s) performing tasks for it or on its behalf that have the potential to cause a significant environmental impact(s) identified by the organisation is (are) competent on the basis of appropriate education, training or experience, and shall retain associated records.
The organisation shall identify training needs associated with its environmental aspects and its environmental management system. It shall provide training or take other action to meet these needs, and shall retain associated records.
The organisation shall establish, implement and maintain a procedure(s) to make persons working for it or on its behalf aware of:

(a)the importance of conformity with the environmental policy and procedures and with the requirements of the environmental management system;

(b)the significant environmental aspects and related actual or potential impacts associated with their work, and the environmental benefits of improved personal performance;

(c)their roles and responsibilities in achieving conformity with the requirements of the environmental management system; and

(d)the potential consequences of departure from specified procedures.

(3)In addition to the these requirements, employees shall be involved in the process aimed at continually improving the organisation's environmental performance through:

(a)the initial environmental review, the analysis of the status quo and in collecting and verifying information,

(b)the establishment and implementation of an environmental management and audit system improving environmental performance,

(c)environmental committees to gather information and to ensure the participation of environmental officer/management representatives and employees and their representatives,

(d)joint working groups for the environmental action programme and environmental auditing,

(e)the elaboration of the environmental statements.

(4)Appropriate forms of participation such as the suggestion-book system or project-based group works or environmental committees should be used for this purpose. Organisations shall take note of Commission guidance on best practice in this field. Where they so request, any employee representatives shall also be involved.

A.4.3.Communication

With regard to its environmental aspects and environmental management system, the organisation shall establish, implement and maintain a procedure(s) for:

(a)internal communication among the various levels and functions of the organisation;

(b)receiving, documenting and responding to relevant communication from external interested parties.

The organisation shall decide whether to communicate externally about its significant environmental aspects, and shall document its decision. If the decision is to communicate, the organisation shall establish and implement a method(s) for this external communication.

B.5.Communication

(1)Organisations shall be able to demonstrate an open dialogue with the public and other interested parties including local communities and customers with regard to the environmental impact of their activities, products and services in order to identify the public's and other interested parties' concerns.

(2)Openness, transparency and periodic provision of environmental information are key factors in differentiating EMAS from other schemes. Those factors are also important for the organisation in building confidence with interested parties.

(3)EMAS provides flexibility to allow organisations to target relevant information to specific audiences while ensuring that all information is available to those who require it.

A.4.4.Documentation

The environmental management system documentation shall include:

(a)the environmental policy, objectives and targets;

(b)description of the scope of the environmental management system;

(c)description of the main elements of the environmental management system and their interaction, and reference to related documents;

(d)documents, including records, required by this International Standard; and

(e)documents, including records, determined by the organisation to be necessary to ensure the effective planning, operation and control of processes that relate to its significant environmental aspects.

A.4.5.Control of documents

Documents required by the environmental management system and by this International Standard shall be controlled. Records are a special type of document and shall be controlled in accordance with the requirements given in point A.5.4.
The organisation shall establish, implement and maintain a procedure(s) to:

(a)approve documents for adequacy prior to issue;

(b)review and update as necessary and re-approve documents,

(c)ensure that changes and the current revision status of documents are identified;

(d)ensure that relevant versions of applicable documents are available at points of use;

(e)ensure that documents remain legible and readily identifiable;

(f)ensure that documents of external origin determined by the organisation to be necessary for the planning and operation of the environmental management system are identified and their distribution controlled; and

(g)prevent the unintended use of obsolete documents and apply suitable identification to them if they are retained for any purpose.

A.4.6.Operational control

The organisation shall identify and plan those operations that are associated with the identified significant environmental aspects consistent with its environmental policy, objectives and targets, in order to ensure that they are carried out under specified conditions, by:

(a)establishing, implementing and maintaining a documented procedure(s) to control situations where their absence could lead to deviation from the environmental policy, objectives and targets; and

(b)stipulating the operating criteria in the procedure(s); and

(c)establishing, implementing and maintaining procedures related to the identified significant environmental aspects of goods and services used by the organisation and communicating applicable procedures and requirements to suppliers, including contractors.

A.4.7.Emergency preparedness and response

The organisation shall establish, implement and maintain a procedure(s) to identify potential emergency situations and potential accidents that can have an impact(s) on the environment and how it will respond to them.
The organisation shall respond to actual emergency situations and accidents and prevent or mitigate associated adverse environmental impacts.
The organisation shall periodically review and, where necessary, revise its emergency preparedness and response procedures, in particular, after the occurrence of accidents or emergency situations.
The organisation shall also periodically test such procedures where practicable.

A.5.Checking

A.5.1.Monitoring and measurement

The organisation shall establish, implement and maintain a procedure(s) to monitor and measure, on a regular basis, the key characteristics of its operations that can have a significant environmental impact. The procedure(s) shall include the documenting of information to monitor performance, applicable operational controls and conformity with the organisation's environmental objectives and targets.
The organisation shall ensure that calibrated or verified monitoring and measurement equipment is used and maintained and shall retain associated records.

A.5.2.Evaluation of compliance

A.5.2.1.Consistent with its commitment to compliance, the organisation shall establish, implement and maintain a procedure(s) for periodically evaluating compliance with applicable legal requirements.

The organisation shall keep records of the results of the periodic evaluations.

A.5.2.2.The organisation shall evaluate compliance with other requirements to which it subscribes. The organisation may wish to combine this evaluation with the evaluation of legal compliance referred to in A.5.2.1 or to establish a separate procedure(s).

The organisation shall keep records of the results of the periodic evaluations.

A.5.3.Non-conformity, corrective action and preventive action

The organisation shall establish, implement and maintain a procedure(s) for dealing with actual and potential non-conformity(ies) and for taking corrective action and preventive action. The procedure(s) shall define requirements for:

(a)identifying and correcting non-conformity(ies) and taking action(s) to mitigate their environmental impacts;

(b)investigating non-conformity(ies), determining their cause(s) and taking actions in order to avoid their recurrence;

(c)evaluating the need for action(s) to prevent non-conformity(ies) and implementing appropriate actions designed to avoid their occurrence;

(d)recording the results of corrective action(s) and preventive action(s) taken; and

(e)reviewing the effectiveness of corrective action(s) and preventive action(s) taken. Actions taken shall be appropriate to the magnitude of the problems and the environmental impacts encountered.

The organisation shall ensure that any necessary changes are made to environmental management system documentation.

A.5.4.Control of records

The organisation shall establish and maintain records as necessary to demonstrate conformity to the requirements of its environmental management system and of this International Standard, and the results achieved.
The organisation shall establish, implement and maintain a procedure(s) for the identification, storage, protection, retrieval, retention and disposal of records.
Records shall be and remain legible, identifiable and traceable.

A.5.5.Internal audit

The organisation shall ensure that internal audits of the environmental management system are conducted at planned intervals to:

(a)determine whether the environmental management system:

conforms to planned arrangements for environmental management including the requirements of this International Standard, and

has been properly implemented and is maintained; and

(b)provide information on the results of audits to management.

Audit programme(s) shall be planned, established, implemented and maintained by the organisation, taking into consideration the environmental importance of the operation(s) concerned and the results of previous audits.
Audit procedure(s) shall be established, implemented and maintained that address:

the responsibilities and requirements for planning and conducting audits, reporting results and retaining associated records,

the determination of audit criteria, scope, frequency and methods.

Selection of auditors and conduct of audits shall ensure objectivity and the impartiality of the audit process.

A.6.Management review

Top management shall review the organisation's environmental management system, at planned intervals, to ensure its continuing suitability, adequacy and effectiveness. Reviews shall include assessing opportunities for improvement and the need for changes to the environmental management system, including the environmental policy and environmental objectives and targets.
Records of the management reviews shall be retained.
Input to management reviews shall include:

(a)results of internal audits and evaluations of compliance with legal requirements and with other requirements to which the organisation subscribes;

(b)communication(s) from external interested parties, including complaints;

(c)the environmental performance of the organisation;

(d)the extent to which objectives and targets have been met;

(e)status of corrective and preventive actions;

(f)follow-up actions from previous management reviews;

(g)changing circumstances, including developments in legal and other requirements related to its environmental aspects; and

(h)recommendations for improvement.

The outputs from management reviews shall include any decisions and actions related to possible changes to environmental policy, objectives, targets and other elements of the environmental management system, consistent with the commitment to continual improvement.

List of national standard bodies

BE: IBN/BIN (Institut Belge de Normalisation/Belgisch Instituut voor Normalisatie)

CZ: ČNI (Český normalizační institut)

DK: DS (Dansk Standard)

DE: DIN (Deutsches Institut für Normung e.V.)

EE: EVS (Eesti Standardikeskus)

EL: ELOT (Ελληνικός Οργανισμός Τυποποίησης)

ES: AENOR (Asociacion Espanola de Normalizacion y Certificacion)

FR: AFNOR (Association Française de Normalisation)

IE: NSAI (National Standards Authority of Ireland)

IT: UNI (Ente Nazionale Italiano di Unificazione)

CY: Κυπριακός Οργανισμός Προώθησης Ποιότητας

LV: LVS (Latvijas Standarts)

LT: LST (Lietuvos standartizacijos departamentas)

LU: SEE (Service de l’Energie de l’Etat) (Luxembourg)

HU: MSZT (Magyar Szabványügyi Testület)

MT: MSA (Awtorità Maltija dwar l-Istandards/Malta Standards Authority)

NL: NEN (Nederlands Normalisatie-Instituut)

AT: ON (Österreichisches Normungsinstitut)

PL: PKN (Polski Komitet Normalizacyjny)

PT: IPQ (Instituto Português da Qualidade)

SI: SIST (Slovenski inštitut za standardizacijo)

SK: SÚTN (Slovenský ústav technickej normalizácie)

FI: SFS (Suomen Standardisoimisliitto r.y)

SE: SIS (Swedish Standards Institute)

UK: BSI (British Standards Institution).

Complementary list of national standard bodies
National standard bodies in Member States not covered by EN ISO 14001:2004:
BG: BDS (Български институт за стандартизация);
RO: ASRO (Asociaţia de Standardizare din România).
National standard bodies in Member States, where a national standard body listed in EN ISO 14001:2004 has been replaced:
CZ: ÚNMZ (Ústav pro technickou normalizaci, metrologii a státní zkušebnictví).

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