Regulation 2001/761 - Regulation 761/2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 2001/761
Original proposal	COM(2000)512
CELEX number i	32001R0761

Avis juridique important

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Regulation (EC) No 761/2001 of the European parliament and of the council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS)

Official Journal L 114 , 24/04/2001 P. 0001 - 0029

Regulation (EC) No 761/2001 of the European parliament and of the council

of 19 March 2001

allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the Opinion of the Economic and Social Committee(2),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 20 December 2000,

Whereas:

• (1) 

  Article 2 of the Treaty stipulates that the Community shall have among its tasks to promote throughout the Community sustainable growth and the Resolution of 1 February 1993(4) stresses the importance of such sustainable growth.

• (2) 

  The programme "Towards Sustainability", presented by the Commission and approved as to its general approach by the Resolution of 1 February 1993, underlines the role and responsibilities of organisations, both to reinforce the economy and to protect the environment throughout the Community.

• (3) 

  The programme "Towards Sustainability" calls for broadening the range of instruments in the field of environmental protection and for using market-mechanisms to commit organisations to adopt a pro-active approach in this field beyond compliance with all relevant regulatory requirements regarding the environment.

• (4) 

  The Commission should promote a coherent approach between the legislative instruments developed at Community level in the field of environmental protection.

• (5) 

  Council Regulation (EEC) No 1836/93 of 29 June 1993 allowing voluntary participation by companies in the industrial sector in a Community eco-management and audit scheme(5) demonstrated its effectiveness in promoting improvements of the environmental performance of industry.

• (6) 

  The experience gathered from the implementation of Regulation (EEC) No 1836/93 should be used to enhance the ability of the Community eco-management and audit scheme (EMAS) to bring about an improvement in the overall environmental performance of organisations.

• (7) 

  EMAS should be made available to all organisations having environmental impacts, providing a means for them to manage these impacts and to improve their overall environmental performance.

• (8) 

  In accordance with the principles of subsidiarity and proportionality referred to in Article 5 of the Treaty, the effectiveness of EMAS in contributing to improved environmental performance of European organisations can be better achieved at Community level. This Regulation limits itself to ensuring an equal implementation of EMAS throughout the Community by providing for common rules, procedures and essential requirements regarding EMAS whilst the measures that can be adequately performed at national level are left to the Member States.

• (9) 

  Organisations should be encouraged to participate in EMAS on a voluntary basis and may gain added value in terms of regulatory control, cost savings and public image.

• (10) 

  It is important that small and medium-sized enterprises participate in EMAS and that their participation should be promoted by facilitating access to information, to existing support funds and to public institutions and by establishing or promoting technical assistance measures.

• (11) 

  The information provided by Member States should...

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