10.1: Brief history

(I) 1970s and 1980s

There was no specific legal provision in the Treaty of Rome (the EEC Treaty) for a common EEC policy on the environment.

But from 1973 onwards the Council of Ministers adopted a series of 5-year "Environment Action Programmes" that gradually broadened out from immediate responses to serious pollution problems to an overall preventive strategy for safeguarding the environment and natural resources.

Since 1973 there have been the following 5-year EAPs:

• 1^st - 5-year programme: 1973-1977.
• 2^nd - 5-year programme: 1978-1981.
• 3^rd - 5-year programme: 1983-1987.
• 4^th - 5-year programme: 1988-1992.
• 5^th - 10-year programme: 1993-2002.
• 6^th - 10-year programme: 2003-2012.

All these programmes are underpinned by a series of principles including:

• Preventive action. This was reinforced by the introduction of Environmental Impact Assessments for all projects above a certain cost (under a 1985 Directive).
• Rectification at source wherever possible.
• Polluter responsibility (the "polluter pays principle").

In 1985 the Council drew up a work programme for obtaining information on the state of the environment and natural resources.

The Single European Act (SEA, 1986) set out a threefold aim for action on the environment:

• To preserve, protect and improve the quality of the environment.
• To contribute towards protecting human health.
• To ensure a prudent and rational utilisation of natural resources.

On the issue of environmental protection one historic ruling worth highlighting is the ECJ's judgement in the Danish beer can case, which originated in 1986. The ECJ ruled that a Danish law to the effect that beer and soft drinks could only be marketed in reusable containers was justified in terms of the protection of the environment. This was to be regarded as taking precedence over the obligation of member states not to take measures restricting imports from other member states.

(II) The 1990s

In the 1990s there was a broadening of the scope of environmental policy. The European Environment Agency was established under a 1990 Regulation. This Agency is responsible for the collection and dissemination of data on the state of the environment. The Maastricht Treaty (1992) incorporated a new section on the environment, substantially extending EU competence in the area.

The 5^th Environment Action Programme (EAP) focused on "the environment and sustainable development" was agreed in December 1992 and ran for 10-years from 1993 to 2002. It had 5 target areas: industry, energy, transport, agriculture and tourism. "Sustainable development" can be defined as "development that meets the needs of the present without compromising the ability of future generations to meet their own needs". It is a notoriously nebulous concept and arguably, given the impossibility of knowing how scientific and technological progress will develop in forthcoming decades, meaningless.

The concept of "sustainable development" was enshrined as one of the EU's objectives, by the Treaty of Amsterdam. There was also the acceptance that environmental policy should be inextricably linked to overall economic policy-making. And, perhaps most significantly of all, there was the increased interest in global warming with the EU signing up to the Kyoto Protocol to the UN Framework Convention on Climate Change (UNFCCC).

(III) The 2000s

The current, 6^th, Environment Action Programme, was agreed in March 2002 and covers the period from 2003 to 2012. The action programme is entitled "Environment 2010: Our Future, Our Choice". It has 7 strategies:

• Clean Air for Europe (CAFE).
• Soil protection.
• Sustainable use of pesticides.
• Protect & conserve the marine environment.
• Waste prevention & recycling.
• Sustainable use of natural resources.
• Urban environment.

It also has identified 4 environmental areas to be tackled for improvements:

• Climate Change. This has assumed increasing importance and is discussed in Fact Sheet 10.3.
• Nature & biodiversity.
• Environment & health and the quality of life.
• Natural resources and waste.

At Gothenburg in June 2001, the European Council added an environmental dimension to the Lisbon agenda on the basis of "sustainable development". The EU's legislative programme on environmental issues expanded in the 2000s. This will be discussed in Fact Sheet 10.2.

RL, February 2007