EU MONITORING REPORT. EMAS voluntary tool scheme (environmental performance) and e-certis online guide (public contracts)

Transcription

1 EPTDA s 32 nd EU MONITORING REPORT March 2014 EMAS voluntary tool scheme (environmental performance) and e-certis online guide (public contracts) Table Of Contents I. Introduction 2 II. EMAS The Eco-Management and Audit Scheme 2 1. What is EMAS? 2 2. What are the benefits of EMAS? 3 3. What are the different steps to implementing EMAS? 4 4. EMAS and EN ISO III. e-certis 8 1. What is e-certis? 8 2. Purpose of e-certis? 8 3. e-certis can be useful for: 8 4. Where can e-certis be found? 9 EPTDA EU Monitoring report 32 EMAS and ecertis 1

2 I. Introduction In this EPTDA EU monitoring report we present you two very good tools developed by the European Commission, one to use in your efforts to increase your environmental performance and one to guide you through the different documents and certificates required for tendering public contracts inside the EU: EMAS voluntary tool scheme (environmental performance) e-certis online guide (public contracts) EMAS is a voluntary tool scheme that companies such as yourselves can register to and then implement in order to increase their environmental performance. Further down you will be able to read more about the scheme itself and the steps you need to register to and implement, about the benefits your company could gain by implementing it (eg. cost reduction; risk minimization) and will also clear out the differences between EMAS and the most widely implemented environmental standards, with which most of you are surely familiar, EN ISO series (International Standards Organization environmental guidelines). Our second tool presented in this report is useful to any of our members that are tendering or are thinking of tendering for public contracts in one or more EU countries. However e- CERTIS can only be used as a reference and the suggestions you find in the guide are not legally binding. Further down you can find more information on the purpose of e-certis, its usefulness and where you can find this guide. II. EMAS The Eco-Management and Audit Scheme 1. What is EMAS? The EU Eco-Management and Audit Scheme (EMAS) is a voluntary tool scheme which allows all types of organizations to improve their environmental performance and achieve recognition for doing so. The aim of EMAS is to recognise and reward those organisations that go beyond minimum legal compliance and continuously improve their environmental performance. The key features of EMAS are performance, credibility and transparency. By carrying out annual updates of environmental policy targets and actions to implement and evaluate them, registered organisations continually improve their environmental performance and provide evidence that they comply with all environmental legislation that is applicable to them. Third-party verification from independent environmental verifiers significantly adds EPTDA EU Monitoring report 32 EMAS and ecertis 2

3 credibility to registered organisations by guaranteeing the value of both the actions taken and the disclosed environmental information. Transparency is generated by the environmental statement, which an organisation is required to provide as part of EMAS registration. The communication tool makes available to the public information on the environmental impact and performance of the organisation. 2. What are the benefits of EMAS? A 2009 study from the European Commission (official title: Study on the Costs and Benefits of EMAS to Registered Organisations ) analyses the costs and benefits of EMAS registrations. Convincing evidence was found for a number of benefits arising from EMAS registration, including reduced costs for resources and waste management, risk minimisation, regulatory compliance, regulatory relief, improved relations with internal and external stakeholders, and achieving competitive advantage. Cost reductions Establishing EMAS enables organisations to identify opportunities for better management of resources. Increased efficiency and energy savings were identified as main benefits for registered organisations in the study. Risk minimisation By assessing their operational procedures, organisations can find possibilities to reduce associated risk levels. This is particularly relevant for organisations in the manufacturing sector, where risks associated with industrial processes are significant and strategies to minimise risks and to reduce negative incidents rest upon an understanding of all aspects of production. The study indicates that effective risk management can generate financial benefits by increasing trust amongst shareholders, investors, insurance companies and financial institutions. Regulatory compliance Registration to EMAS requires organisations to be both familiar with relevant regulatory requirements and better prepared to tackle regulatory issues in an organised way. One of the most important benefits identified in the study includes greater awareness of regulatory requirements leading to better relations with regulators. Regulatory relief Authorities may choose to relax regulatory requirements for EMAS registered organisations. For instance, a duplication of efforts can be avoided for organisations reporting on their environmental performance as part of EMAS requirements. Also, EMAS registered organisations may be subject to fewer environmental inspections. However, granting EPTDA EU Monitoring report 32 EMAS and ecertis 3

4 regulatory relief is in the ambit of Member State authorities; the possibility of capitalising on this benefit is thus not consistent across the EU. Improved relations with internal stakeholders EMAS can lead to improvements in internal relations within organisations. For instance, employee involvement and training under EMAS can lead to improved employee morale and a better implementation of the environmental management system. Improved relations with external stakeholders Benefits can be generated through an improvement in relations with external stakeholders. In addition to improved relations with regulators, EMAS registration of a site in close proximity to residential areas can enhance credibility and transparency with regard to relations with citizens or local NGOs. Competitive advantage Finally, EMAS registration can lead to increased market access and improved relations with customers. Both the EMAS logo and the environmental statement can be used in marketing and communication activities. 3. What are the different steps to implementing EMAS? The main stages involved in achieving EMAS registration and adding value to the organisation are as follows: - An organisation needs to conduct an environmental review considering all environmental aspects of the organisation s activities, products and services, methods to assess them, the organisation s legal and regulatory framework and existing environmental management practices and procedures. - Registration to EMAS requires an organisation to adopt an environmental policy and to commit itself both to compliance with all relevant environmental legislation and to achieve continuous improvements in environmental performance. - Through an environmental programme an organisation translates general objectives established in the environmental policy into specific targets. An organisation needs to determine concrete measures, responsibilities and means taken or envisaged to achieve environmental objectives and targets and the deadlines for achieving the objectives. - Based on the results of the environmental review and the development of an environmental policy, an effective environmental management system needs to be established. The Environmental Management System is aimed at achieving the organisation s environmental policy objectives as defined by the top management. EPTDA EU Monitoring report 32 EMAS and ecertis 4

5 The management system needs to set responsibilities, roles, operational procedures, training needs, monitoring and communication systems. - After an Environmental Management System is established, an internal environmental audit is carried out. The audit assesses in particular if the management system is in place and in conformity with the organisation s policy and programme. The audit also checks if the organisation is in compliance with relevant environmental regulatory requirements. - An organisation needs to provide a public statement of its environmental performance. The environmental statement lays down the results achieved against the environmental objectives and the future steps to be undertaken in order to continuously improve the organisation s environmental performance. - An environmental verifier accredited with an EMAS Accreditation/Licensing Body of a Member State must examine and verify the environmental review, the Environmental Management System, the audit procedure and the environmental statement. - Once the environmental statement has been validated by the environmental verifier, the Competent Body will register the company after receipt of the registration fee. The company now has the right to use the EMAS logo. - The organisation can use information from the validated environmental statement to market its activities with the EMAS logo, assess suppliers against EMAS requirements and give preference to suppliers registered under EMAS. 4. EMAS and EN ISO What is EN ISO 14001? ISO, the International Standards Organisation, has developed a series of standards and guidelines in the field of environment which collectively are known as the EN ISO series. EN ISO 14001: 2004 is one of the most well-known and widely implemented environmental standards. It is used worldwide by large and small organisations and in both the public and private sectors. The scheme is based on a Plan-Do-Check-Act Cycle and specifies the most important requirements to identify, control, and monitor environmental aspects of organisations, as well as how to manage and improve environmental management systems. EPTDA EU Monitoring report 32 EMAS and ecertis 5

6 Is EMAS compatible with the international standard EN ISO 14001? Both EMAS and EN ISO 14001:2004 have the common objective of providing good environmental management. Yet too often they are seen as competitors. The European Commission has recognised that EN ISO can provide a stepping stone for EMAS. In fact, the ISO 14001: 2004 environmental management system requirements are an integral part of EMAS (Annex II of EMAS). The adoption of EN ISO 14001:2004 as the management system element of EMAS will allow organisations to progress from EN ISO 14001:2004 to EMAS without undue duplication of effort. A successful certification of EN ISO 14001:2004 means that the most important steps towards EMAS certification have been taken. However, certain additional steps will have to be taken in order to register under EMAS as the premium benchmark for environmental management. What are the differences between ISO and EMAS? Notable differences include: - Environmental policy: EMAS includes commitment to continual improvement of the environmental performance of the organisation. ISO does not stipulate the extent to which performance must be improved. Rather, the scheme focuses on the performance of the management system. - Initial review: EMAS requires a verified initial environmental review. ISO recommends but does not require an environmental review. - Environmental aspects: EMAS specifies that organisations must 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. Also, EMAS requires the establishment of criteria for assessing the significance of the environmental aspects. ISO requires only a procedure that helps identify environmental aspects - Environmental core indicators: EMAS makes use of environmental core indicators that are to be included in the environmental statement. The indicators describe the performance of the organisation in certain key environmental areas. ISO does not include core indicators. - Legal compliance: EMAS requiresorganisations to demonstrate that they have identified the implications of legal requirements relating to the environment, provide for legal compliance, and have procedures in place that enable the organisation to meet the requirements. There is also a compliance audit.iso does not require organisations to demonstrate legal compliance, but to show commitment to comply. Also, there is no compliance audit required. EPTDA EU Monitoring report 32 EMAS and ecertis 6

7 - Public availability: EMAS requires that the policy, programme, environmental management system and details of the organisations performance are made publicly available as part of the environmental statement. ISO requires only that the policy be publicly available. - Continuous improvement: EMAS has stricter requirements on the improvement of environmental performance by registered organisations as itrequires annual improvement. ISO requires periodical improvement (of the environmental management system, but not so much of the environmental performance) without a defined frequency. Additionally, the EMAS Regulation explicitly states that the environmental verifier shall verify that continuous improvement of a registered organisation s environmental performance has taken place. - Management review: Under EMAS, the review is wider and requires an evaluation of the environmental performance of the organisation. The review is based on a performance audit. ISO requires an environmental performance review in the management, but not through a performance audit. - Employee involvement: EMAS integrates active involvement of employees and their representatives. ISO does not address employee involvement. - Internal environmental audits: EMAS audits include a system audit, a performance audit (= evaluation of environmental performance) and an environmental compliance audit (= determination of legal compliance). ISO includes a system audit against the requirements of the standard.. - Auditor: EMAS requires the independence of the auditor, whereas ISO advises the independence of the auditor. - Registration with a public authority: EMAS must be registered with a Competent Body. - Logo: EMAS registered organisations can use the logo for promotion and marketing activities, whereas ISO-certified organisations cannot make use of a logo. More detailed information: (source: texts coming from the Frequently Asked Questions published at EPTDA EU Monitoring report 32 EMAS and ecertis 7

8 III. e-certis 1. What is e-certis? e-certis is a free, on-line guide to the different documents & certificates required from companies tendering for public contracts in any EU country. It helps companies to identify which documents and certificates they need to submit when tendering for a contract in a European country and contracting authorities in European countries to establish what documents they need to ask tenderers for or can accept. 2. Purpose of e-certis? e-certis has been designed to help understand what information is being requested or provided and to identify mutually acceptable equivalents. This can be done quickly, using a range of search criteria, including keyword searches. However, e-certis remains a reference source. It simply gives a better understanding of the various documents requested and accepted in different countries, and their content. The fact that e-certis suggests that a document from country A corresponds to a particular certificate from country B shall not not legally binding. Tenderers bidding for contracts in other European countries may be asked to provide documents demonstrating: - they are qualified to perform the contract (Article 45 of Directive 2004/18/EC) for instance that: they haven't been charged with criminal or professional misconduct; - they are legally and financially sound; - they have sufficient resources to fulfil the contract etc. Usually, such proof takes the form of official certificates issued by national authorities or statements by the tenderer s representative, certified in various ways (e.g. sworn before a notary or judge). They take different forms, may be issued by different authorities and are issued in the local language. 3. e-certis can be useful for: - First-time bidders in a purely national context. If interested in bidding for the first time for a contract put out to tender by an authority in his own country, an inexperienced supplier may find the system convenient in terms of identifying the EPTDA EU Monitoring report 32 EMAS and ecertis 8

9 types of documents they need to possess (e.g. where can a document be obtained? What is the procedure to request it?); - Cross-border tendering: companies submitting a bid in another Member State are sometimes asked for certificates which do not exist in exactly the same form in their own country, or for familiar information in a different format. This creates costs and uncertainty for potential bidders and could ultimately deter them from bidding. - Contracting organisations: who need to be sure that the documents they receive, possibly from several countries, meet the requirements set out in the terms of reference both as regards content and in terms of the authority of the issuer. 4. Where can e-certis be found? e-certis is accessible on the website of the European Commission's Directorate-General for the Internal Market. More detailed information: (source : texts coming from ) In association with EPTDA s Legal Watchdog Koen Lauryssen (Van Cutsem, associate member) For further information, please contact Mr Lauryssen. EPTDA EU Monitoring report 32 EMAS and ecertis 9