EMAS in the construction sector of the Basque country

The voluntary implementation of an environmental management system brings benefits to an organisation, such as energy and resource savings, increased productivity, or reduced risk of accidents. In addition to these quantifiable benefits, other positive aspects are improved relations with the administration and public image and increased awareness and motivation of the people working in the organisation.

However, environmental management systems can also be used as a means to facilitate compliance with environmental regulations, making the application of legal requirements more flexible for those organisations that have them. This is also indicated in the EMAS regulation itself in Article 38 (addressing Member States) and Article 44 (addressing the European Commission).

One example can be found in the Basque Country in the construction sector. Decree 112/2012, of 26th June, establishes the legal regime for the production and management of construction and demolition waste in the Basque Country. It aims to contribute to the development of sustainable building without undermining the quality and functionality of buildings by promoting the reuse of construction and demolition materials as well as prevention, recycling, and other forms of waste recovery.

For EMAS organisations the Decree incorporates regulatory flexibility measures in the regulations on the production and management of construction and demolition waste.

One of the provisions included in Article 5 of the Decree is that Town Halls require the payment of a deposit[1] to guarantee the appropriate waste management from major works[2] as a condition for obtaining planning permission. The deposit will only be refunded upon request of the person liable and documentary proof of the proper waste management on the site. According to Article 6 of the Decree, the accreditation requires a report signed by the project management and verified by an environmental collaboration entity. If the proper management of the waste is not accredited, the local authority may alternatively carry out the necessary actions for waste management and, if this is not possible, use the amount of the deposit to carry out environmental improvement actions in the municipality.

Considering the provisions of Articles 5 and 6, Decree 112/2012, of 26th June, there are regulatory flexibility measures for organisations that are EMAS registered. EMAS organisations are exempt from providing the deposit and do not need to provide external verification by an environmental collaboration entity.

These provisions, specifically designed for EMAS organisations, establish a relationship between EMAS organisations and the competent public administration in such a way that the adoption of an environmental management under the premises of the EMAS Regulation is expected to help ensure compliance with the obligations regarding the management of construction and demolition waste.

The development of EMAS registrations in the construction sector of the Basque Country

In the Basque Country, a total of 93 organisations are currently EMAS registered. Of these, 10 are from the construction sector and therefore fall within the scope of Decree 112/2012. This means the construction sector is the second most represented sector, making up more than 10% of the total number of registered organisations.

The first registration of an organisation from the construction sector in the Basque Country was in November 2013, i.e. a few months after the passing of the Decree regulating the production and management of construction and demolition waste in this Autonomous Community. Since then, there has been a steady increase in registrations.

The positive relationship between the introduction of regulatory flexibility measures in the regulations and the significant number of organisations in the construction sector in the Basque Country that are EMAS registered is very clear. This shows that incorporating measures that aim to reduce administrative and financial burdens on EMAS organisations, is an incentive that favours joining the Register and encourages compliance by these organisations with the obligations established by environmental protection legislation.

[1] According to the Decree, the amount of the deposit is 120% of the estimated cost of waste management.

[2] According to the definition given in the Decree, major work is that which is not construction or demolition work in a private home, business, office, or building in the service sector, which is simple in technical terms and of little constructive and economic importance, which does not involve alterations to the volume, use, installations for common use or the number of dwellings and premises, and which does not require a project signed by qualified professionals.