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Simplification of the administrative procedure for renewal of EMAS registration
Published on 17 September 2018
Spain
Andalucía
This is the good practice's implementation level. It can be national, regional or local.
About this good practice
The article 14 of the EMAS Regulation establishes the necessary conditions for the renewal procedure of EMAS registration. Among other, these conditions include that the Competent Body will satisfied on the basis of evidence received that the organisation meets all the requirements of this Regulation (article 14.1.f).
Taking into account the Law 39/2015 on Common Administrative Procedure (article 69), and the Decree 53/199 establishing the rules on application of EMAS Regulation in Andalusia (chapter III), the Competent Body has provided this model of Declaration of Responsibility, which may be submitted voluntarily by EMAS-registered organisations, stating on their honour, duly signed and dated, that:
- There are no non-compliances of the applicable legal requirements on Environment.
- There are no disciplinary proceedings that have become final in the previous calendar year.
- The appropriate measures have been taken, if any, solve the reasons which led to a breach of the applicable legislation or final disciplinary proceedings.
- There are no relevant complaints from interested parties or complaints have been positively solved .
- The professional activities, included within the scope of the EMAS registration, have been developed in the year preceding the renewal application.
This Declaration of Responsibility speeds up the renewal procedure for EMAS-registered organizations.
Taking into account the Law 39/2015 on Common Administrative Procedure (article 69), and the Decree 53/199 establishing the rules on application of EMAS Regulation in Andalusia (chapter III), the Competent Body has provided this model of Declaration of Responsibility, which may be submitted voluntarily by EMAS-registered organisations, stating on their honour, duly signed and dated, that:
- There are no non-compliances of the applicable legal requirements on Environment.
- There are no disciplinary proceedings that have become final in the previous calendar year.
- The appropriate measures have been taken, if any, solve the reasons which led to a breach of the applicable legislation or final disciplinary proceedings.
- There are no relevant complaints from interested parties or complaints have been positively solved .
- The professional activities, included within the scope of the EMAS registration, have been developed in the year preceding the renewal application.
This Declaration of Responsibility speeds up the renewal procedure for EMAS-registered organizations.
Resources needed
It does not require any effort or resources to be adopted, moreover the administrative burdens for EMAS-registered organisations and Competent Bodies smaller.
This model is a .pdf open file and it is available in the website of the RGA for all those EMAS-registered organizations want to used it.
This model is a .pdf open file and it is available in the website of the RGA for all those EMAS-registered organizations want to used it.
Evidence of success
This Declaration of Responsibility, voluntarily provided by EMAS organisations, has speeded up administrative procedure concerning the request of environmental compliance reports by competent bodies.
Prior to the application, the time from the DGCPA asked to Delegations and Councils information about non-compliances, disciplinary proceedings, etc. to the DGCPA received response was more than 1 month or even was no answer. Now, with the application of this model, this time is almost immediate.
Prior to the application, the time from the DGCPA asked to Delegations and Councils information about non-compliances, disciplinary proceedings, etc. to the DGCPA received response was more than 1 month or even was no answer. Now, with the application of this model, this time is almost immediate.
Potential for learning or transfer
On the one hand, it does not require a high legislative effort to be adopted as it has reference in the Directive 2006/123/EC of the European Parliament and of the Council of 12th December 2006 on services in the internal market, which introduces the possibility of using the Declaration of Responsibility as a valid figure in the administrative procedure.
On the other hand, it does not also require any efforts or resources to be adopted, so it could be only transferred into a national or regional legal framework, if appropriate.
Finally, It has been very welcome by the EMAS registered organizations because the EMAS renewal procedure has been speeded up, reducing the administrative burdens and costs for EMAS-registered organisations and Competent Bodies.
On the other hand, it does not also require any efforts or resources to be adopted, so it could be only transferred into a national or regional legal framework, if appropriate.
Finally, It has been very welcome by the EMAS registered organizations because the EMAS renewal procedure has been speeded up, reducing the administrative burdens and costs for EMAS-registered organisations and Competent Bodies.
Further information
Website
Good practice owner
Organisation
Regional Government of Andalucia
Spain
Andalucía
Contact
Departamento Ecogestión