EMAS and other policies and instruments in the Community
Article 38
1. Without prejudice to Community legislation, Member States shall consider how registration under EMAS in accordance with this Regulation can be: (a) taken into account in the development of new legislation; (b) used as a tool in the application and enforcement of legislation; (c) taken into account in public procurement and purchasing. 2. Without prejudice to Community legislation, notably competition, taxation and State aid legislation, Member States shall, where appropriate, take measures facilitating organisations to become or remain EMAS registered. Those measures may include, inter alia , the following: (a) regulatory relief, so that a registered organisation is considered as being compliant with certain legal requirements relating to the environment laid down in other legal instruments, identified by the competent authorities; (b) better regulation, whereby other legal instruments are modified so that burdens on organisations participating in EMAS are removed, reduced or simplified with a view to encouraging the efficient operation of markets and raising the level of competitiveness.