Legal & Other Requirements

[Navneet Kumar]

As per ISO 14001:2004 Clause 4.3.2  "Legal & Other Requirement" i understand the Legal requirements..but what exact the other requirements meaning? how we can understand by these other requirements..???

[ProfSURESHKUMAR.S]

information on the relationship between an organisation's accredited Environmental Management System (EMS) certification according to ISO 14001:2004 and that organisation's degree of compliance with applicable environmental requirements,as per legislation relates to the legal domain--the other is the policy domain/customer requirement[as explained below]

Legal compliance has been defined as: “Full implementation of applicable environmental
legislation. Compliance occurs when requirements are met and desired changes are
achieved.

Legal compliance with respect to the interface between the organization and the
environmental regulators can be understood as the situation when no reactive enforcement
actions are made or can be expected by the organisation. These enforcement actions may
include: warnings, compliance and prohibition notices and administrative, criminal or civil
actions

---==

However, the wider concerns of interested parties will expect that there is absolute legal
compliance with the applicable legal requirements irrespective of the view of the
environmental regulator.

It is recognised that legal compliance is not the sole determinant of whether an EMS is
effective. An EMS is an important tool to control environmental risks, where legal
consequences/impacts from non-compliance performance is only one of at least four
potential consequences/impacts.
The others consequences/impacts are:
1. Environmental consequences (e.g. ecological damage),
2. Stakeholder consequences (e.g. corporate reputation); and,
3. Business consequences (e.g. financial, competitive position).

While certification of an EMS against the requirements of ISO 14001:2004 is not a
guarantee of legal compliance, (neither is any other means of control, including government
or other type of control and/or legal compliance inspections), it is a proven and efficient tool
to achieve and maintain such legal compliance.
Accredited ISO 14001:2004 certification should demonstrate that an independent third-party
(certification body) has evaluated and confirmed that the organisation has a demonstrably
effective EMS to ensure the fulfilment of its ``policy commitments`` including legal compliance.

[Ajit S. Joshi]

Dear Navneet Kumar,

Greetings.

The justification from my side will be:-

In addition to legal requirements, other environmental requirements to which the organization commits itself, apply in equal measure. For example:

1) Voluntary principles or Codes of Practice

2) Trade association requirements 

3) Public commitments of the organization or its parent organization, if applicable.

4) Agreements with public authorities,

5) Agreements with customers,

6) Voluntary environmental labelling or product stewardship commitments,

7) Agreements with community groups or non-governmental organizations,

Thanks & best regards,

Ajit Joshi.

[Harendra Tomar]

Other Requirements may include Any Corporate Policy which may have any commitments towards environment/surroundings, Any Agreement with public/Authority concerned with environment etc.

[UMENDRA KUMAR]

Dear Navneet Kumar,

As per 4.3.2 clause of EMS, the legal requirements are enforced by regulatory and statutory body nationwide  such as MoEF, CPCB, OISD etc. while other requirements to which the organization commits itself, corporate protocol, guidelines, local body notification,  guidelines given by trade organisation such as FICCI, CII etc. For example:

a. Voluntary principles or Codes of Practice

b. Public commitments of the organization or its parent organization.

c. Trade association requirements 

d. Agreements with community groups or non-governmental organizations,

regards

Umendra

[Navneet Kumar]

Dear Sir's Many-2 thanks for your valuable comments..