Construction Of Another National Register Of Organizations That Apply Equivalent Environmental Management Systems To Emas (Umg Register Vo)

Original Language Title: Errichtung weiterer nationaler Register für Organisationen, die zu EMAS gleichwertige Umweltmanagementsysteme anwenden (UMG Register VO)

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152. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the establishment of further national registers for organisations which apply equivalent environmental management systems to EMAS (UMG Register VO)

On the basis of § 15 (5) of the Environmental Management Act (UMG), BGBl. I n ° 96/2001 as amended by the Federal Law BGBl. I n ° 99/2004 shall be assigned:

Target

§ 1. The aim of the Regulation is to establish national registers for organisations and to establish criteria for registration in these registers.

Definitions

§ 2. (1) Waste disposal companies (EFB establishments) are organisations which collect, transport, sort, store, exploit or otherwise treat waste and which agreement with the Association for Disposal Companies (V.EFB) on the application of the Requirements of the V.EFB have been met.

(2) Responsible Care enterprises are organizations that are subject to a voluntary initiative of the chemical industry for the purpose of improving the health, safety and environmental situation.

(3) ISO 14001 establishments are organisations which have a certified environmental management system according to ISO 14001.

Entry requirements

§ 3. (1) The application for the registration of an EFB holding, a Responsible Care business or an ISO 14001 operation is to be submitted to the Federal Minister for Agriculture, Forestry, Environment and Water Management through the Federal Environment Agency. The registration application shall contain the following:

1.

a report validated by an EMAS environmental verifier in accordance with § 4 (1) (3), (2) (2) (3) or (3) (3) (2),

2.

Presentation of a certification recommendation signed by an EMAS environmental verifier, a valid V.EFB certificate issued on the basis of the regulations on the requirements for waste disposal companies (RAEF), and a statement of the V.EFB Advisory Council on the report drawn up in accordance with § 4.

3.

Submission of a valid "Responsible Care Certificate", including a statement by the EMAS environmental verifier confirming that the contents of the EMAS Regulation beyond the requirements of the Responsible Care certificate are met and/or

4.

Template a current ISO 14001 certificate issued by an approved EMAS environmental verifier; and

5.

Proof of payment of the rate of immigration arising as a service provider for the management of the registers by the Federal Environment Agency.

(2) The Federal Environment Agency has to examine the existence of the conditions for registration and within twelve weeks after the application is submitted to the Federal Minister for Agriculture, Forestry, the Environment and Water Management the results of the proceedings as well as a Proposal for a decision. If the conditions for registration are fulfilled, the Federal Minister for Agriculture, Forestry, Environment and Water Management has to arrange for the registration within one week.

Requirements

§ 4. (1) V.EFB establishments must:

1.

have a valid V.EFB certificate;

2.

a certificate of certification signed by an EMAS environmental verifier and a confirmation from the EMAS environmental verifier on the involvement of staff in accordance with Annex II, Part B.4 of the EMAS Regulation;

3.

Create a report that contains the following information:

a)

clear and unequivocal description of the organisation, a summary of its activities, products and services, and, where appropriate, the relationship with any parent organizations;

b)

Description of the environmental policy of the organisation and description of the environmental management system;

c)

a description of all significant direct and indirect environmental aspects leading to significant environmental impacts of the operation and the nature of the impact on these environmental aspects;

d)

a description of the environmental objectives and targets in relation to the significant environmental aspects and impacts;

e)

Summary of the available data on environmental performance, as measured by the company's environmental objectives and targets, and related to the significant environmental impact. The environmental performance shall be presented by means of core indicators in accordance with Annex IV, Section C of Regulation (EC) No 1221/2009. [ Regulation (EC) No 1221/2009 on the voluntary participation of organisations in a Community eco-management and audit scheme and repealing Regulation (EC) No 761/2001, and the decisions of the Commission 2001 /681/EC and 2006 /193/EC, OJ L 206, 22.7.2001, p. No. OJ L 342, 22.12.2009 p.1.

f)

other factors of environmental performance, including compliance with legislation with regard to its significant environmental impact;

g)

the reference to the environmental legislation in force;

h)

Name and accreditation or licence number of the EMAS environmental verifier and date of validation.

In the three-year interval, the Federal Environment Agency is to present the report, the opinion of the VEFB Advisory Council on the report, the certificate and the certification recommendation, as well as the updated data annually in the report. The report and the annual updated data in the report are to be validated by an EMAS environmental verifier.

(2) Responsible Care businesses must:

1.

have a valid Responsible Care certificate;

2.

on a statement by the EMAS environmental verifier confirming that the contents of the EMAS Regulation beyond the requirements of the Responsible Care certificate are met and

3.

Create a report that contains the following information:

a)

clear and unequivocal description of the organisation, a summary of its activities, products and services and, where appropriate, the relationship with any parent organisations;

b)

Description of the environmental policy of the organisation and description of the environmental management system;

c)

a description of all significant direct and indirect environmental aspects leading to a significant environmental impact of the organisation, and an explanation of the nature of the impact on these environmental aspects;

d)

a description of the environmental objectives and targets in relation to the significant environmental aspects and impacts;

e)

Summary of available data on environmental performance, as measured by the environmental objectives and targets of the organisation, and related to its significant environmental impact. The environmental performance shall be presented by means of core indicators in accordance with Annex IV, Section C of Regulation (EC) No 1221/2009. [ Regulation (EC) No 1221/2009 on the voluntary participation of organisations in a Community eco-management and audit scheme and repealing Regulation (EC) No 761/2001, and the decisions of the Commission 2001 /681/EC and 2006 /193/EC, OJ L 206, 22.7.2001, p. No. OJ L 342, 22.12.2009 p.1.

f)

other factors of environmental performance, including compliance with legislation with regard to its significant environmental impact;

g)

the reference to the environmental legislation in force;

h)

Name and accreditation or licence number of the EMAS environmental verifier and date of validation.

The Federal Environment Agency shall present the report, the certificate and the statement of the environmental verifier, as well as the updated data in the report each year, in the three-year interval. The report and the annual updated data in the report are to be validated by an EMAS environmental verifier.

(3) ISO 14001 establishments must:

1.

have a current ISO 14001 certificate issued by an EMAS environmental verifier and a confirmation from the EMAS environmental verifier on the involvement of the staff in accordance with Annex II, Part B.4 of the EMAS Regulation, and

2.

Create a report that contains the following information:

a)

clear and unequivocal description of the organisation, a summary of its activities, products and services and, where appropriate, the relationship with any parent organisations;

b)

Description of the environmental policy of the organisation and description of the environmental management system;

c)

a description of all significant direct and indirect environmental aspects leading to a significant environmental impact of the organisation, and an explanation of the nature of the impact on these environmental aspects;

d)

a description of the environmental objectives and targets in relation to the significant environmental aspects and impacts;

e)

Summary of available data on environmental performance, as measured by the environmental objectives and targets of the organisation, and related to its significant environmental impact. The environmental performance shall be presented by means of core indicators in accordance with Annex IV, Section C of Regulation (EC) No 1221/2009. [ Regulation (EC) No 1221/2009 on the voluntary participation of organisations in a Community eco-management and audit scheme and repealing Regulation (EC) No 761/2001, and the decisions of the Commission 2001 /681/EC and 2006 /193/EC, OJ L 206, 22.7.2001, p. No. OJ L 342, 22.12.2009 p.1.

f)

other factors of environmental performance, including compliance with legislation with regard to its significant environmental impact;

g)

the reference to the environmental legislation in force;

h)

Name and accreditation or licence number of the EMAS environmental verifier and date of validation.

In the three-year interval, the Federal Environment Agency shall submit the report, the certificate and the updated data annually in the report. The report and the annual updated data in the report are to be validated by an EMAS environmental verifier.

Effort Rate

§ 5. The Federal Minister for Agriculture, Forestry, the Environment and Water Management can serve as a service provider in the establishment and management of the registers according to § 15 para. 5 UMG idgF of a service provider. For the registration or The Umweltbundesamt GmbH (UBA) is a service provider for the maintenance of the registration in the other national registers. The Federal Environment Agency (Umweltbundesamt GmbH) is to be replaced by the expenses incurred per calendar year.

Management of the national registers

§ 6. The Federal Minister for Agriculture, Forestry, the Environment and Water Management, who is responsible for this task of the Federal Environment Agency, is responsible for the management of the national registers in accordance with Section 15 (5) of the German UMG (UMG) in the respective version in force. The publicly accessible register shall contain the following minimum particulars:

1.

Name or the name of the organisation,

2.

Address of the organisation and telephone number,

3.

contact person,

4.

register number,

5.

the date of registration of the organisation,

6.

Date of suspension or Deletion of the organisation.

Gender-neutral function designations

§ 7. The names used in this Regulation shall be understood to be gender neutral.

entry into force

§ 8. This Regulation shall enter into force on the day following the presentation.

Berlakovich