The environmental management system between freedom 199
Since 2010, for industrial activities that require integrated pollution control,
one of the three minimum criteria taken into account when systematically
assessing environmental risks, is operator participation in the Union's
Environmental Management and Audit System (EMAS), pursuant to Regulation
(EC) no. 1221/200931. This means that establishing the number and intensity of
routine controls is closely linked to the existence or non-existence of an SMM,
and especially EMAS, at the organization level.
Different from the Regulation 333 of 2011, the Regulation 1179 of 2012,
referring to the compliance with the environmental requirements and criteria
specific to its regulatory field, refers to the imperative existence of a management
system to be verified by an environmental verifier, so as defined by the EMAS
Regulation32. We should note that, based on the provisions of the EMAS
Regulation, environmental verifiers shall assess whether an organisation's
environmental review, environmental policy, management system, audit
procedures and their implementation comply with the requirements of this
Regulation33. The same note also includes the provisions of Regulation 715 of
201334, which at art. 5 impose the existence of a management system, verified by
an environmental verifier, not only to the manufacturer, but also to the previous
owner or supplier of copper waste. Thus the obligation of such a management
system to the entire chain of copper waste processing is extended.
Because the imposition of the existence of an SMM and especially of an
EMAS organization is already foreseen, in 2013, in the form of a guide, the norms
that establish the steps required to participate in EMAS35 are developed. Thus,
starting with 2015, they are regulated, according to Regulation (EC) no.
31 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on
industrial emissions (integrated pollution prevention and control), art.23, par.(4), published in JO L
334, 17.12.2010, p. 17-119.
32 Commission Regulation (EU) No 1179/2012 of 10 December 2012 establishing criteria determining
when glass cullet ceases to be waste under Directive 2008/98/EC of the European Parliament and of the
Council, art. 5, published in OJ L 337, 11.12.2012, p. 31–36.
33 Regulation (EU) No 1221/2009, art. 18, par. (1).
34 Commission Regulation (EU) No 715/2013 of 25 July 2013 establishing criteria determining
when copper scrap ceases to be waste under Directive 2008/98/EC of the European Parliament and
of the Council, published in OJ L 201, 26.7.2013, p. 14–20.
35 Commission Decision 2013/131/EU of 4 March 2013 establishing the user’s guide setting out
the steps needed to participate in EMAS, under Regulation (EC) No 1221/2009 of the European
Parliament and of the Council on the voluntary participation by organisations in a Community eco-
management and audit scheme (EMAS), published in OJ L 76, 19.3.2013, p. 1–39. It was modified in
2017 by Commission Decision (EU) 2017/2285 of 6 December 2017 Amending the user's guide
setting out the steps needed to participate in EMAS, under Regulation (EC) No 1221/2009 of the
European Parliament and of the Council on the voluntary participation by organisations in a
Community eco-management and audit scheme (EMAS), published in OJ L 328, 12.12.2017,