1. Interconnection between the IPPC and EMAS Regulation. Elvira Marcos Regional Environmental Ministry Generalitat Valenciana Spain

2. Part 1: Basic notions of EMAS - Background - EMAS Evolution - What is EMAS? - Who can participate in EMAS? - EMAS objectives, main elements, requirements, key characteristics - Go for EMAS! Company perspective - Benefits and costs - Role of the European Commission Part 2. Interconection between IPPC and EMAS Regulation Part 3 Incentives of EMAS for IPPC companies: Valencia Region experience Summary

3. BASIC NOTIONS OF EMAS

4. AS ENVIRONMENTAL ISSUES BECOME MORE COMPLEX & NUMEROUS, THEY NEED TO BE MANAGED IN NEW WAYS. REGULATORY MEASURES are still not sufficient to control and minimise the impacts of the industries. DECISION-MAKERS are promoting & increasingly recognising the IMPORTANCE OF ENVIRONMENTAL MANAGEMENT within their organisations. A systematic approach was vital. At EU LEVEL, EMAS STEMS DIRECTLY FROM THIS NEED!!. Background

5. Create voluntary management instrument designed to provide alternatives to traditional command and control legislation: OBJECTIVE:  Encourage organisations in EU to improve their environmental performance of their activities, in a more flexible, tailor-made way, integrating sustainable development aims into all policies and measures.  Create tope-end benchmark voluntary instrument in the market, more robust and credible! ROLE:  Provide to the organisations a tool to assess, self-manage, monitor and improve significant aspects of their activities, services & products.  Communicate & report on environmental performance in a credible way. WHY EMAS? EU PURPOSE

6. June 1993 — Council Regulation 1836/93 adopted on 29 June 1993. It creates the Eco-Management and Audit Scheme (EMAS)  1993-1995 — Set up of the structures for the implementation of the scheme: Competent Bodies, Accreditation Bodies.  April 1995 — EMAS is open for participation by companies of the manufacturing sectors.  1996 — Commission recognises EN ISO 14001 as a stepping-stone towards participating in EMAS.  1997 — Consultation process for the review of EMAS begins : DG Environment carried out a series of consultations with all relevant stakeholders in order to gather their views concerning possible amendments to EMAS.  October 1998 — The Commission presents a proposal for the revision of EMAS. This proposal goes through the legislative procedure of co-decision.  March 2001 — EMAS II is born; the new EMAS regulation is adopted by the Council and the European Parliament.  September 2001 — The Commission adopts technical guidance documents for the implementation of the scheme  December 2009 — New EMAS Regulation is published: Council Regulation 1221/2009, 25 november 2009 EMAS III Evolution of EMAS

7. The EUROPEAN UNION ECO-MANAGEMENT AND AUDIT SCHEME (EMAS) is a voluntary environmental management instrument, harmonised throughout the EU by a EC REGULATION. The main aim is to encourage organisations: - to manage their impact on the environment by IMPLEMENTING A ENVIRONMENTAL MANAGEMENT SYSTEM and - to PUBLICLY REPORT PROGRESS on their environmental performance. GOAL: Obtain better environmental management & credible information of the organizations environmental performance & issues. The EC REGULATION is binding on Member States, but a voluntary tool for organisations!!!. WHAT IS EMAS ?

8. EMAS EC REGULATION 1836/931995 EMAS III NO YES ALL SECTORS OF ACTIVITIES: PUBLIC, PRIVATE, INDUSTRIAL, MANUFACTURE & SERVICES SERVICES with environmental impacts EC REGULATION 1221/20092009 761/20012001 INDUSTRIALSECTORS PUBLICSECTOR

9. WHO CAN PARTICIPATE IN EMAS? EMAS IS VOLUNTARY AND OPEN TO PARTICIAPTION TO ALL PRIVATE & PUBLIC SECTOR ORGANISATIONS WITH ENVIRONMENTAL IMPACTS LOCATED INSIDE OR OUTSIDE THE COMMUNITY.

10. The objective of EMAS is to promote continual improvements in the environmental performance of organisations by: nthe establishment and implementation of an ENVIRONMENTAL MANAGEMENT SYSTEM. nBy doing a SYSTEMATIC, OBJECTIVE AND PERIODIC EVALUATION of the management system. nthe PROVISION OF INFORMATION on environmental performance and an OPEN DIALOGUE WITH THE PUBLIC AND OTHER INTERESTED PARTIES. nthe ACTIVE INVOLVEMENT OF EMPLOYEES in the organisation, including appropriate training to make active involvement possible. EMAS OBJECTIVE

11. n Investigating an organisation's interactions with the environment in an ENVIRONMENTAL REVIEW n Establishing an effective ENVIRONMENTAL MANAGEMENT SYSTEM on the basis of the review aimed at improving the environmental performance of the organisation nCommunication of environmental information to stakeholders in the form of ENVIRONMENTAL STATEMENT AND EMAS LOGO, shows you care about your business and environmental performance and you demonstrate this to others. MAIN ELEMENTS OF EMAS

12. An EMS is a Continual Cycle of Planning, Implementing, Reviewing and Improving the Processes and Actions that an organization undertakes to meet its Business and Environmental Goals PLAN = Planning and structuring the EMS PLAN = Planning and structuring the EMS Identify environmental aspects & goals Develop an Environmental Policy Carry out an Initial Environmental Review Develop an Environmental Programme DO = Doing, and realising your programme Implementing the EMS Including training and operational controls CHECK = Controlling and evaluating environmental performance Control periodically Environmental Performance and the Management Systems, including monitoring & corrective actions. ACT = Acting on continual improvement, communication and verification Review including progress reviews and acting to make needed changes to the EMS Communicate and Report on Environmental Performance Get Registered WHO DOES IT WORKS? Based on PDCA CICLES

13. INITIAL ENVIRONMENTAL REVIEW ENVIRONMENTAL POLICY & PROGRAMME ENVIRONMENTAL MANAGEMENT SYSTEM ENVIRONMENTAL AUDIT CORRECTIVE ACTIONS ENVIRONMENTAL STATEMENT VALIDATION OF THE ENVIRONMENTAL STATEMENT REGISTRATION VERIFICATION OF EMAS REQUIREMENTS STEPS TOWARDS EMAS REGISTRATION

14. Train, raise environmental awareness involved & motivate all employees Be aware of which legislation aplies to your activities & make sure you comply with it! Report & Inform all the public about your impacts & actions 2º 3º4º Identify your negative environmental impacts & act to reduce them!! 1º

15. TRANSPARENCY - EMAS requires a publicly available Environmental Statement, which provides information on the environmental impact and performance of the organisation. - The EMAS process also increases transparency within the organisation through the active involvement of employees in the implementation of the scheme - The EMAS process also increases transparency within the organisation through the active involvement of employees in the implementation of the scheme. KEY CHARACTERISTICS OF EMAS CREDIBILITY - The EMAS logo is an attractive visual tool to demonstrate an organisation's commitment to improving its environmental performance. - The required third-party validation of the Environmental Statement, ensures reliability of the information provided. - The external & independent nature of the EMAS Registration and Verification process, also ensures credibility & reliability of the scheme. PERFORMANCE EMAS is a voluntary environmental management instrument, harmonised throughout the EU.

16. You Practice Honest Public Communication EMAS IS LIKE A TRADEMARK! You Go Beyond Legal Compliance Goal: Good Environmental Performance Have + Active Employee Involvement EMAS GOES BEYOND! ISO 14001

17. ORGANISATION VERIFICATION VALIDATION ACCREDITATION BODY ACCREDITED VERIFIERS EUROPEAN COMMISSION EMAS ADMINISTRATIVE FRAMEWORK & STAKEHOLDERS INVOLVEMENT IN EMAS STRUCTURE MEMBER STATE COMPETENT BODY ENFORCEMENT AUTHORITY REGISTRATION

18. Shall demostrate that they: Commit itself to the CONTINUAL ANNUAL IMPROVEMENT OF THE ENVIRONMENTAL PERFORMANCE of the organisation.Commit itself to the CONTINUAL ANNUAL IMPROVEMENT OF THE ENVIRONMENTAL PERFORMANCE of the organisation. IDENTIFICATION OF ALL ENVIRONMENTAL ASPECTS for the determination of the significant ones.IDENTIFICATION OF ALL ENVIRONMENTAL ASPECTS for the determination of the significant ones. Present the INITIAL ENVIRONMENTAL REVIEW required.Present the INITIAL ENVIRONMENTAL REVIEW required. INTERNAL ENVIRONMENTAL AUDIT INCLUDES: Environmental Mangement System Audit, an Environmental Performance Audit & Environmental Compliance-Audit.INTERNAL ENVIRONMENTAL AUDIT INCLUDES: Environmental Mangement System Audit, an Environmental Performance Audit & Environmental Compliance-Audit. LEGAL COMPLIANCE with the environmental legislation is required and checked through the whole process before Registration.LEGAL COMPLIANCE with the environmental legislation is required and checked through the whole process before Registration. ENVIRONMENTAL STATEMENT REQUIERED.ENVIRONMENTAL STATEMENT REQUIERED. INVOLVEMENT OF ALL EMPLOYEES in the process aimed at continually improving the organisation´s environmental performance.INVOLVEMENT OF ALL EMPLOYEES in the process aimed at continually improving the organisation´s environmental performance. Guarantee an EXTERNAL COMMUNICATION and relations with the public & interested parties.Guarantee an EXTERNAL COMMUNICATION and relations with the public & interested parties. FULL LEGAL COMPLIANCE REQUIRED: commitment included in Policy, Identification of Legal and other Environmental Requirements, Periodic Evaluation, Awareness & Training, Operational Controls & Emergency preparedness, Monitoring, Audits & Management Review & Delivery of the Improvements.FULL LEGAL COMPLIANCE REQUIRED: commitment included in Policy, Identification of Legal and other Environmental Requirements, Periodic Evaluation, Awareness & Training, Operational Controls & Emergency preparedness, Monitoring, Audits & Management Review & Delivery of the Improvements. EMAS ORGANISATIONS

19. EMAS could be the competitive edge you are seeking!EMAS could be the competitive edge you are seeking! Most robust management scheme on the market!Most robust management scheme on the market! Means Good Environmental Management:Means Good Environmental Management: Compliance with the environmental legislation, it is a must!Compliance with the environmental legislation, it is a must! Resources savings and cost reduction: after having the review, many mistakes will be visible!Resources savings and cost reduction: after having the review, many mistakes will be visible! Credibility: Environmental Information is validated by an Independent Verifier, who is controlled by a Member State Competent Body (unlike EN/ISO 14001)Credibility: Environmental Information is validated by an Independent Verifier, who is controlled by a Member State Competent Body (unlike EN/ISO 14001) Marketing Tool: EMAS Logo & Environmental Declaration: improved image, confidence & transparency!Marketing Tool: EMAS Logo & Environmental Declaration: improved image, confidence & transparency! Show you care about your business and environmental performance and demonstrate this to othersShow you care about your business and environmental performance and demonstrate this to others Access to new markets/ customers and enhance business opportunities. It can be a source of revenue through the creation of new products, services and markets.Access to new markets/ customers and enhance business opportunities. It can be a source of revenue through the creation of new products, services and markets. Improved relations: with public authorities, other businesses, customers, citizens, regulators.Improved relations: with public authorities, other businesses, customers, citizens, regulators. Improved work environment, employee motivationImproved work environment, employee motivation Get incentives in some Member StatesGet incentives in some Member States GO FOR EMAS! COMPANY PERSPECTIVE

20. ENVIRONMENTAL CONCERNS ARE CHANGING THE WAY PEOPLE DO BUSINESS AROUND THE WORLD!. CONSUMERS AND SHAREHOLDERS ARE INCREASINGLY DEMANDING ENVIRONMENTALLY- FRIENDLY PRODUCTS & SERVICES. EMAS IS ABOUT THE SUSTAINABLE USE OF RESOURCES, MINIMAL POLLUTION, EMPLOYEE INVOLVEMENT AND PROFITABLE BUSINESS! IS A DYNAMIC INSTRUMENT FOR ENVIRONMENTAL PROTECTION, WHICH DEMONSTRATES THAT YOUR ORGANISATION´S INVESTMENT STRATEGIES & OPERATIONS ARE SUSTAINABLE. BENEFITS OF EMAS

21. BY OPTIMISING YOUR USE OF RAW MATERIALS, TRANSPORT, WATER AND ENERGY, AND RATIONALISING AND RECYCLING PACKAGING, YOU CAN CUT COSTS AND ACHIEVE SIGNIFICANT SAVINGS!. REDUCING THE VOLUME AND TOXICITY OF YOUR WASTE, USED WATER AND AIR EMISSIONS, NOT ONLY REDUCES YOUR WASTE MANAGEMENT COSTS BUT ALSO IMPROVES THE ENVIRONMENT!. THE THOUSANDS OF EMAS-REGISTERED COMPANIES THROUGHOUT EUROPE ARE ALREADY REAPING THE BENEFITS – BOTH ECONOMIC AND MANAGERIAL - AND BENEFITING FROM IMPROVED PUBLIC RELATIONS. BENEFITS & COST OF EMAS

22. EMAS DECREASES THE WORK OF AUTHORITIES!!!. Companies are aware of environmental issues & legislationCompanies are aware of environmental issues & legislation Is Easier to negotiateIs Easier to negotiate Comply legislationComply legislation Less supervision requiredLess supervision required Less court issuesLess court issues Environmental data is credible & transparentEnvironmental data is credible & transparent Enhanced Environmental PerformanceEnhanced Environmental Performance BENEFITS OF EMAS FOR AUTHORITIES

23. COMMISSION is responsible to promote EMAS at Community level and to disseminate best practices.COMMISSION is responsible to promote EMAS at Community level and to disseminate best practices. At Member States Level:At Member States Level: The EMAS REGULATION calls for Member States to promote EMAS EU wide and on a National, Regional and Local level. CHAPTER VII RULES APPLICABLE TO MEMBER STATES Art. 32 to Art. 41 THE ROLE OF THE EUROPEAN COMMISION

24. INTERCONECTION BETWEEN IPPC & EMAS

25. IPPC Directive introduced a system that was new to many Member States. Its characteristics and the obligation to co-ordinate the permitting procedures in order to issue - ideally - one single permit for the operation of an installation were new. This theme of "integration" proved to be an incentive to have an overall "integrative" approach to the transposition of other relevant EU environmental provisions I P P C ONE SINGLE PERMIT TO BRING INTO OPERATION INDUSTRIAL INSTALLATIONS IPPC Integrated approach

26. Interconnection between IPPC & EMAS In considering how to facilitate the practical application of the IPPC Directive, many Member States took into account EMAS Council Regulation (ECC) No 1836/93 of 29 June 1993 allowing voluntary participation by companies in the industrial sector in a Community eco-management and audit scheme (already repealed by) 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 allowing voluntary participation by companies in the industrial & public sector in a Community Ecomanagement and Audit Scheme – EMAS -

27. Raised Questions The competent authorities in charge of transposition, implementation and application of these two instruments found themselves confronted with various questions: - How do these instruments fit together? - Are their provisions consistent? - What kind of information is requested ? - How should the obligation to inform and to involve the public be dealt with? - Is it possible to have a single permitting procedure which is consistent with the requirements of the IPPC Directive? - Finally, what role can EMAS play in this context?

28. Key characteristics of the two instruments The IPPC Directive Focuses on the environmental impact of the operation of new and existing installations. The control of emissions to air, water and soil is complemented by provisions concerning energy use, waste flows and accident prevention. Installations under this Directive need an integrated permit and are subject to ongoing monitoring and updating of the permit conditions. EMAS is a voluntary scheme Designed to promote continuous improvements of the environmental performance and compliance with all relevant regulatory requirements regarding the environment. To achieve this aim, private and public sites are required to use an environmental management system to monitor efficiency and to report on their achievements regarding environmental performance.

29. Synergies between them There are some possibilities of using the synergies between these two instruments, mainly concerning the: 1.Field of application of the instrument and the determination of the application of both instruments; 2. Required environmental information or documentation; 3. Participation of the public 4. Decisions required and environmental management.

30. Synergies between them 1. Field of application of the instrument and the determination of the application of both instruments; IPPC Directive applies to industrial activities (e.g. in energy and waste sectors) and some agricultural activities. EMAS Regulation is a voluntary instrument. It applies to all private & public sector organizations with environmental impacts located inside or outside the Community. Different approaches were used by Member States to transpose the different instruments, mainly because they have different national legal systems. The environmental information produced as a result of the EMAS process can be helpful in appraising the significance of modifications to existing installations and in determining the application of the other instruments.

31. Synergies between them 2. Required environmental information or documentation; Environmental reports, information or documentation are required to be provided by the applicant in both instruments. Therefore, synergies should be used wherever possible and links should be established to avoid duplication. The point of time at which the information has to be presented is therefore important!!. One way to avoid duplication is to co-ordinate the stages of the procedures where the submission of information is required and make sure there is exchange of information and documentation between different authorities. The environmental reports or documentation of the IPPC procedure are focused on environmental effects and measures for prevention and reduction of these effects. EMAS statements are principally focused on improvements of environmental performance by describing the current environmental conditions and the operational aspects required at the site level to deliver continuous improvements in environmental performance. IPPC reports are focused on aspects of the design, construction and operational phases. EMAS statements are focused on operational phases of management

32. Synergies between them 3.Participation of the public Public participation is required in both instruments but with different characteristics and importance. The public should be defined taking into account the Aarhus Convention signed in June 1998. The IPPC Directive uses the term public‘ and the obligation is only to consider their comments before the decision is made. The EMAS regulation uses the term ’public’ on several occasions: the public must be informed about the content and objective of the EMAS scheme, the sites must provide the public with information and enter into a dialogue with them about it. The Regulation also gives interested parties the right to submit observations to the competent body concerning the registration, suspension and deletion of sites.

33. Synergies between them 4.Decisions required and environmental management.  The decision under the IPPC Directive, in cases of new installations or substantial changes where the EIA Directive also applies, any relevant information obtained or conclusion arrived at pursuant to the relevant provisions of that Directive shall be taken into consideration for the purposes of granting the permit. The emission limit values fixed by the IPPC permit, and the equivalent parameters and technical measures, should be based on the Best Available Techniques, without prescribing the use of any technique or specific technology, but taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions.  In the EMAS Regulation, the decision consists of the registration of sites which comply with the EMAS Regulations. They will then appear on the list of registered sites. Member States should be encouraged to provide for effective co-ordination and where appropriate in their system to unify competence under the same authorities.

34. Synergies between them 4.Decisions required and environmental management.  The implementation of EMAS within a company helps it to comply with the regulatory instruments.  It provides important organizational guarantees that the company is capable of identifying, monitoring and acting on its environmental effects and its environmental performance on a continued basis; taking the necessary measures to meet the legal requirements and reporting on all relevant matters.  The IPPC and EMAS, have important common elements: - Both aim at preventing, or at least reducing, adverse effects on the environment from industrial activities. - Both stress the importance of monitoring of environmental effects, reducing environmental impacts, an integrated approach in seeking solutions for different environmental problems and specifying environmental objectives and the means to achieve them.

35. Synergies between them 4.Decisions required and environmental management.  The EMAS environmental management system is an instrument which provides business operations with a set of appropriate means for achieving an effective reduction in the load on the environment.  In regulatory instruments, permits set the emission limit values for the company’s activities. - The license stipulates a maximum load on the environment and what reduction in this load must be achieved. - The license also has a clear external function; in setting emission limit values its relevance is not confined to the company but extends to the competent authority and third parties.

36. Synthesis of the comparison between the two instruments The identified areas where most overlaps between EMAS and IPPC are: 1. Aims and objectives, 2. The field of application, 3. Determination of application, 4. Requirement environmental information or documentation, 5. Participation, 6. The decision, 7. Monitoring and management tools, 8. Information requirements. It is recommended to take all these elements into account when investigating possibilities to co-ordinate or unify the different procedures.

37. EXAMPLES OF LEGAL INCENTIVES OF EMAS FOR IPPC COMPANIES IN SPAIN

38.  Royal Decree 509/2007, regulation for the development and execution of Law 16/2002 on IPPC Art 8:..In relation with a EMAS registered or ISO14001 certified installations by independent organism, the Autonomous Communities can establish simplification mechanisms to verify the fulfilment of the IPPC permit application, requirements, updating and following renewing procedures.  Decree 127/2006 de Prevention Pollution and Environmental Quality Cap.II: IPPC permit renewing Art. 45.2. If an installation is EMAS registered, competent authority will assume legally compliance in order to get IPPC permit renewing. Incentives of EMAS for IPPC companies

39.  Law 34/2007, 15th of november, for Air Quality and atmosphere protection. Art.21 : EMS: “National Government & Autonomous Communities, in the scope of their competences, will foment the implantation of EMS in installations for private & public sectors with emission sources, in order to promote a cleaner production and a more sustainable market, contributing to atmospheric pollution reduction”.  Act 26/2007, of Environmental Responsibility. Art. 28 Exceptions of financial guarantee obligation : a)Operators of those activities that could cause damages whose reparation are estimated between 300,000 and 2.000.000 Euros that are permanent and continued EMAS registered or UNE-EN ISO 14001:1996 certified by a independent accredited body. Incentives of EMAS for IPPC companies

40.  Royal Decree 1777/2004, regulation of companies income taxes.  Tax deduction for investments on facilities whose objective are the protection of the environment : - Avoid or reduce emissions to the air - Avoid or reduce water emissions - Improve waste management or reduce waste generation  Amount:  Requirements: - Legally compliance - EMAS or Framework Agreement with Public Administration 20062007200820092010 10%8%6%4%2% Incentives of EMAS for IPPC companies

41.  Law 30/2007, 30th of October, of Public procurement. Art.70. Accreditation of environmental management requirements …it could be demanded a certification by independent body to demonstrate the fulfilment of certain environmental management requirements, referring to Eco-management and audit scheme (EMAS) or European or international standards, and certified by organisms in accordance to European legislation or European or International certification procedures Incentives of EMAS for IPPC companies

42. http://europa.eu.int/comm/environment/emas EU COMMISION EMAS WEB PAGE

43. FURTHER EMAS INFORMATION European Union:http://europa.eu/European Union: http://europa.eu/ European Environment Agency:http://www.eea.europa.eu/European Environment Agency: http://www.eea.europa.eu/ ISO (International Standard Organization):http://www.iso.ch/ISO (International Standard Organization): http://www.iso.ch/ European Committee for Standardization:http://www.cen.eu/European Committee for Standardization: http://www.cen.eu/ World Standards Services Network:http://www.wss.n.net/World Standards Services Network: http://www.wss.n.net/ SME portal:http://ec.europa.eu/enterprise/smeSME portal: http://ec.europa.eu/enterprise/sme Green Public Procurement:http://ec.europa.eu/environment/gpp/Green Public Procurement: http://ec.europa.eu/environment/gpp/ EMAS Register:http://ec.europa.eu/environment/emas/registration/EMAS Register: http://ec.europa.eu/environment/emas/registration/

44. ELVIRA MARCOS marcos_elv@gva.es PHONE: 00 34 96 197 37 58 FAX: 00 34 96 197 38 83 More Information

45. City of the Arts & Science of Valencia Велике спасибі