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)

[F1 2.4.3. Requirements for the utilisation of a sampling method for verification of multisite organisations U.K.

2.4.3.1. General principles U.K.

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

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

2.4.3.2. Eligibility criteria for organisations U.K.

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

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

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

• Environmental Management System documentation and system changes;

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

• Management Review;

• Environmental performance;

• Complaints; and

• Evaluation of corrective actions.

(g)

Sampling shall not be applied for:

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

• sites located in Third Countries;

• sites operating under fundamentally different legal environmental requirements;

• sites subject to legislations regulating pollutant emissions, hazardous waste or the use or storage of dangerous substances (e.g. Directive 2010/75/EU of the European Parliament and of the Council (1) (IED) or Directive 2012/18/EU of the European Parliament and of the Council (2) (Seveso));

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

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

(h)

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

2.4.3.3. Economic sectors in which the use of a sampling method can be allowed U.K.

(a)

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

Table 9
Economic sectors in which the use of a sampling method is allowed
Economic Sector	NACE Code
Financial service activities, except insurance and pension funding	64
Insurance, reinsurance and pension funding, except compulsory social security	65
Legal and accounting activities	69
Management consultancy activities	70.2
Employment activities (e.g. human resources activities, temporary employment, employment placement)	78
Travel agency, tour operator and other reservation service and related activities	79
Office administrative and support activities	82.1
Pre-Primary and primary education	85.1 and 85.2
Libraries and archives	91

(b)

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

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

• the list of sites for which sampling should be applied;

• the groups of sites, including grouping methodology;

• the sites restricted from sampling and reason for restriction;

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

• the potential risks related to these environmental aspects;

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

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

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

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

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

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

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

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

Table 10

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

Economic Sector	NACE Code
Water collection, treatment and supply	36
Sewerage	37
Following activities part of retail trade
Retail sale in non-specialised stores (e. g. supermarkets)	47.1
Retail sale of food, beverages and tobacco in specialised stores	47.2
Retail sale of textiles in specialised stores	47.51
Retail sale of cultural and recreation goods in specialised stores	47.6
Retail sale of clothing in specialised stores	47.71
Retail sale of footwear and leather goods in specialised stores	47.72
Retail sale of cosmetic and toilet articles in specialised stores	47.75
Retail sale of watches and jewellery in specialised stores	47.77
Following activities part of accommodation and food service
Hotels and similar accommodation	55.1
Holiday and other short-stay accommodation	55.2
Restaurants (but not mobile food service)	56.1
Beverage serving activities	56.3
Computer programming, consultancy and related activities	62
Real estate activities: buying, selling and rental of real estate (excluding operating real estate).	68
Advertising and market research	73
Other professional, scientific and technical activities	74
General public administration activities	84.11
Secondary, Higher and other education	85.3 , 85.4 , 85.5 , 85.6
Residential care activities	87
Social work activities without accommodation	88
Creative, arts and entertainment activities	90
Museums and other cultural activities	91
Sports activities	93.1
Activities of membership organisations	94]

Textual Amendments

F1 Substituted by Commission Decision (EU) 2017/2285 of 6 December 2017 Amending the user's guide setting out the steps needed to participate in EMAS, under Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (notified under document C(2017) 8072) (Text with EEA relevance).

(1)

[F1 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) ( OJ L 334, 17.12.2010, p. 17 ).]

(2)

[F1 Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC ( OJ L 197, 24.7.2012, p. 1 ).]

Textual Amendments

F1 Substituted by Commission Decision (EU) 2017/2285 of 6 December 2017 Amending the user's guide setting out the steps needed to participate in EMAS, under Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (notified under document C(2017) 8072) (Text with EEA relevance).