32025R2365#art_8Regulation (EU) 2025/2365 of the European Parliament and of the Council

Article 8 — Compliance through environmental management systems

1. Economic operators which are registered with the Community eco-management and audit scheme (EMAS) in accordance with Regulation (EC) No 1221/2009 shall be exempt from compliance with the obligations laid down in Article 5(2) and in Article 6(1), (2) and (3) of this Regulation provided that the environmental verifier as defined in Article 2(20) of Regulation (EC) No 1221/2009 has checked that requirements set out in Annex I to this Regulation have been included in the environmental management system of the economic operator and have been implemented. 2. Member States may exempt economic operators from compliance with Article 5(2) and Article 6(1), (2) and (3) if they have prepared and implemented an environmental management system (EMS) for each installation, and provided that: (a) an accredited certifier has conducted a conformity assessment to verify, including through spot checks, that the EMS and the way it is implemented are compliant with the requirements set out in Annex I; (b) the economic operator notifies the competent authorities about the conformity assessment of the EMS referred to in point (a), including information about the economic operator, the installation for which compliance is verified, the date on which spot checks are carried out, and the period for which the conformity assessment is valid; and (c) the regular conformity assessments of the EMS include, at least every three years, an evaluation of its implementation in accordance with the requirements set out in Annex I.

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