Conditions for EMAS registration
In signing the EMAS application form, an officer authorized to do so declares on behalf of the organization that it agrees with the following conditions.
Definitions
EMAS regulation:
Regulation (EU) No. 761/2001 of the European Parliament and the Council of 19 March 2001, and any subsequent updates to it.
Competent body:
Organization designated by the Estonian government in the framework of article 5 of the EMAS regulation. In Estonia, this body is the ‘Estonian Environmental Information Centre’ (abbreviated EEIC).
EMAS participant:
Organization registered by the competent body in the framework of the EMAS regulation.
Environmental verification body:
Organisation, that is accredited for performing verification in the framework of the EMAS regulation in one of the EU Member States.
Registration certificate:
A certificate issued by the competent body, stating essential information about the EMAS participant.
EMAS logo, version 1:
EMAS logo as it appears in annex IV of the regulation, including the text ‘verified environmental management system’;
EMAS logo 2:
EMAS logo as it appears in annex IV of the regulation, including the text ‘validated information’;
Guidelines
Guidelines drawn up by the European Commission to ensure that compliance with the EMAS regulation is consistent in all member states.
General
- An organisation registered as an EMAS participant is bound to comply with the requirements of the EMAS regulation for the duration of registration.
- If the EMAS participant, experiences significant changes in its activities or organisation since the last certified environmental statement, the EMAS participant must have an environmental verification body verify that it still meets the conditions in the EMAS regulation. The competent body must be informed of these significant changes and the verification body’s conclusions.
- If an EMAS-registered organisation no longer meets the conditions for registration, or if there are serious observations from third parties (such as decisions by the competent government authority or measures taken by the public prosecutor) which give cause for doubt that it is complying with the EMAS regulation, it must inform the competent body.
- If there are well-grounded reasons for doing so the competent body can oblige an EMAS participant to employ an environmental verification body to investigate whether all conditions of the EMAS regulation are being met.
- An EMAS participant is obliged to supply all information requested by the competent body necessary to assess if it continues to meet the requirements set in the EMAS regulation.
Duration
- In theory, registration is valid until the date indicated on the registration certificate.
- An EMAS participant is responsible for sending in a new validated environmental statement.
- An EMAS participant is obliged to submit an updated and validated environmental statement each year. In exceptional cases, the annual frequency can be waived, if permission has been received beforehand from the competent body.
- In special cases, such as described in these conditions, registration can be suspended or withdrawn by the competent body.
Use of EMAS logos
- An EMAS participant is entitled to use versions 1 and 2 of the logos as described in article 8 and annex IV of the regulation. The EMAS logos must always show the registration number issued by the competent body.
- An EMAS participant must follow the guidelines for using the EMAS logo laid down by the European Commission.
- The EMAS participant must, if questioned about its use of the EMAS logo version 2 by the competent body, immediately forward proof that the information covered by the EMAS logo version 2 has been validated by an accredited environmental verification body.
- The EMAS logos may only be used in relation to the activities of the registered organization as they appear in the validation statement by the EMAS verifier. It must never be suggested that elements or activities not belonging to the registered organization have an EMAS registration.
Objection and appeal
- An EMAS participant can file an objection to decisions taken by the competent body with the board of EEIC. If the board’s response is not satisfactory, an appeal can be made to the Ministry of Environment.
Liability
- Neither EEIC nor the Estonian government can be held liable for damages incurred from suspension or withdrawal of EMAS registration.