Documents considered by the Committee on 6 May 2009 - European Scrutiny Committee Contents


6   Community Eco-Management and Audit Scheme

(29870)

12108/08

+ ADDs 1-2

COM(08) 402

Draft Regulation on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS)

Legal baseArticle 175(1)EC; co-decision; QMV
DepartmentEnvironment, Food and Rural Affairs
Basis of considerationSEM of 1 May 2009
Previous Committee ReportHC 16-xxx (2007-08), chapter 4 (8 October 2008)
To be discussed in CouncilMay 2009
Committee's assessmentPolitically important
Committee's decisionCleared

Background

6.1  The Commission says that the Community has taken important steps to achieve its objectives on growth and jobs, and to set the right framework for business in Europe, but believes that there is a pressing need now to integrate sustainability into this wider picture. It has therefore put forward in July 2008 a Sustainable Consumption and Production and Sustainable Industry Policy Action Plan[23] in order to achieve this, accompanied by a further Communication[24] on using public procurement to benefit the environment, and a number of specific measures, including this draft Regulation on the Eco Management and Audit Scheme (EMAS).

6.2  In our Report of 8 October 2008, we cleared a number of these documents, including the Action plan, but left uncleared the draft Regulation. In doing so, we noted that the aim of the EMAS, as set out in Regulation (EC) No. 761/2001,[25] was to promote improvements in the environmental performance of organisations through the establishment of environmental management systems enabling them to evaluate their performance, and to provide information on that performance against the targets set. Since the Scheme was last reviewed in 2001, the number of organisations registered under it had declined across the Community,[26] which the Commission said was partly attributable to competition from other more market-facing industry standards.

6.3  It had therefore proposed a number of changes to improve the working of the Scheme, make it more attractive to business, and stimulate increased uptake, especially by small organisations. These changes included extended reporting requirements, introducing core environmental performance indicators (on energy efficiency, material efficiency, water, waste, biodiversity and emissions), extending eligibility to organisations outside the Community, simplifying the EMAS logo, harmonising accreditation rules, and requiring Member States to adopt strategies to increase awareness of the Scheme. The Commission hoped that these would lead to a significant increase in registrations.

6.4  In our Report, we noted that the UK was actively engaged in the promotion of environmental management systems, including EMAS, and welcomed this opportunity to revise the Regulation. However, although it also welcomed certain aspects of the proposal, it was concerned that it had neither simplified the Scheme, nor made registration procedures easier, particularly for smaller organisations (and indeed would increase administrative burdens for both applicants and Member States). It also described as "challenging" the target which the Commission had set for increased registrations, particularly in relation to those outside the Community.

6.5  The Government also said that it intended to let us have an Impact Assessment shortly, but that the effect on business was likely to be small, given the voluntary nature of the scheme, which provided individual companies the opportunity to weigh any such costs against the benefits of participation. Consequently, the main burden was likely to fall on Member State authorities, insofar as they would need to carry out additional pre-registration checks and provide advice to applicants.

Supplementary Explanatory Memorandum of 1 May 2009

6.6  We have now received from the Minister for Sustainable Development and Energy Innovation at the Department for Environment, Food and Rural Affairs (Lord Hunt) a supplementary Explanatory Memorandum of 1 May 2009, enclosing the promised Impact Assessment. This says that environmental benefits arising from participation in EMAS are expected to include more sustainable use of resources, better public image, reduced risk of non-compliance with environmental legislation, and improved relations with environmental regulators, but that it had not been possible to quantify these: however, since the Scheme is voluntary, it was reasonable to assume that any such benefits would outweigh the costs to those businesses which choose to participate. The Assessment adds that, to the extent that the proposal would give rise to any increased costs, these would be borne by Member States authorities, but that they would be unlikely to exceed £50,000 a year for the UK.

Conclusion

6.7  We note that it is not possible to quantify the overall costs and benefits of this proposal. However, since the Eco Management and Audit Scheme is voluntary, it will be for companies considering whether to participate to make this assessment for themselves, and we see no need to seek further information. Consequently, we are now content to clear the proposal.




23   (29874) 12026/08 Back

24   (29858) 12041/08 Back

25   OJ No. L 114, 24.4.01, p.1. Back

26   Including the UK, where there are only 71 registrations after more than 10 years' operation. Back


 
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