Implementing decision 2023/1533 - Recognition of the requirements of the Ecoprofit environmental management system as complying with the corresponding requirements of the eco-management and audit scheme (EMAS) in accordance with Article 45 of Regulation 1221/2009 - Main contents
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official title
Commission Implementing Decision (EU) 2023/1533 of 24 July 2023 on the recognition of the requirements of the Ecoprofit environmental management system as complying with the corresponding requirements of the eco-management and audit scheme (EMAS) in accordance with Article 45 of Regulation (EC) No 1221/2009 of the European Parliament and of the Council| Legal instrument | implementing decision |
|---|---|
| Number legal act | Implementing decision 2023/1533 |
| Regdoc number | C(2023)4844 |
| CELEX number i | 32023D1533 |
| Document | 24-07-2023; Date of adoption |
|---|---|
| Publication in Official Journal | 25-07-2023; OJ L 186 p. 28-32 |
| Effect | 26-07-2023; Entry into force Date pub. +1 See Art 3 |
| End of validity | 31-12-9999 |
25.7.2023 |
EN |
Official Journal of the European Union |
L 186/28 |
COMMISSION IMPLEMENTING DECISION (EU) 2023/1533
of 24 July 2023
on the recognition of the requirements of the Ecoprofit environmental management system as complying with the corresponding requirements of the eco-management and audit scheme (EMAS) in accordance with Article 45 of Regulation (EC) No 1221/2009 of the European Parliament and of the Council
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 45(4) thereof,
After consulting the Committee established by Article 49 of Regulation (EC) No 1221/2009,
Whereas:
(1) |
Austria sent a written request in accordance with Article 45(1) of Regulation (EC) No 1221/2009 for recognition of the ECOPROFIT (ÖKOPROFIT) environmental management system to the Commission on 9 May 2022. Austria subsequently sent additional information to provide the Commission with the necessary evidence to assess the equivalence of the relevant parts of the Ecoprofit environmental management system with the requirements set out in Regulation (EC) No 1221/2009. |
(2) |
Based on Austria’s request, the Commission assessed the equivalence of the following parts of the ECOPROFIT (ÖKOPROFIT) environmental management system with the corresponding requirements of Regulation (EC) No 1221/2009: (i) the commitment of top management; (ii) the management review; (iii) the establishment of an environmental review; (iv) the establishment of an environmental policy; (v) the ensuring of legal compliance; (vi) the objectives and environmental programme established to ensure continuous improvement; (vii) the organisational structure (roles and responsibilities), and the training and employee involvement; (viii) the documentation requirements; (ix) operational control; (x) emergency preparedness and response; (xi) internal audit and corrective action; (xii) communication (internal and external); (xiii) accreditation or licensing requirements for the certification bodies. |
(3) |
Considering top management responsibilities’ and involvement in every step of the ECOPROFIT (ÖKOPROFIT) programme, the part of ECOPROFIT (ÖKOPROFIT) related to ‘Commitment of the top management’ should be recognised as equivalent with the requirements set out in parts A.5.1, A.5.2, and B.2 of Annex II to Regulation (EC) No 1221/2009. |
(4) |
Considering the lack of management review or documentation of the management assessment in the ECOPROFIT (ÖKOPROFIT) programme, the part of ECOPROFIT (ÖKOPROFIT) related to ‘Management Review’ should not be recognised as equivalent to the requirements set out in part A.9.3 of Annex II to Regulation (EC) No 1221/2009. |
(5) |
Considering that, within the ECOPROFIT programme, the main environmental aspects are identified and analysed as part of the initial consultation (first environmental audit) but that the programme does not take the indirect environmental aspects sufficiently in account and that not all EMAS relevant elements are considered and documented, the part of ECOPROFIT (ÖKOPROFIT) ‘Establishment of an environmental review’ should only partly be recognised as equivalent with the requirements set out in Annex I to, and part A.6.1. of Annex II to, the Regulation (EC) No 1221/2009. Specifically, the following parts of the ECOPROFIT (ÖKOPROFIT) ‘Establishment of an environmental review’ should be recognised as equivalent: (i) determination of the organisational context; (ii) identification of the interested parties and... |
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