2.4.4 Development of European Environmental Law

• Treaty of Paris 18.04.1951: establishing the European Coal and Steel Community
• ECSC (effective from 07/23/1952)
• Treaty of Rome from 02/25/1957: Treaty establishing the EEC and the European Atomic Energy Community EURATOM (effective from 01.01.1958); ECSC, EEC and Euratom form the European Community
• Paris Summit from 12.20.1972: start of environmental activities by the final declaration of the summit
• Die EG-Kommission stellt Umweltschutzprogramme (Umweltaktionsprogramme) auf, ohne dass es dafür eine Rechtsgrundlage in den Gemeinschaftsverträgen gibt: Art. 235 EWG-Vertrag:

     “If action by the Community should prove necessary to attain, in the course of the operation of the common market, one of the objectives of the Community and this Treaty has not provided the necessary powers, the Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament, take the appropriate measures.”

• Single European Act from 28.02.1986 EEA, the environmental policy is taken up as a policy in the Treaty and the Environmental Protection explicitly constituted under Community law (in force since 01.07.1987)
• Maastricht Treaty of 07.02.1992, refining the now viable authorization for specific environmental activities of the Community (Art. 130r to t of the EEC Treaty, then Art. 174 to 176, in the consolidated version in March 2010 Art. 191 to 193 ).
• ”Treaty on European Union TEU Title XX Environment Article 191:

- preserving, protecting and improving the quality of the environment,

- protecting human health,

- prudent and rational utilisation of natural resources,

- promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change.

The Treaty on European Union TEU regulates in Title XX Environment Article 193 as essential aspect to the development of environmental protection in the EU:

“The protective measures adopted pursuant to Article 192 shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with the Treaties. They shall be notified to the Commission.”

Mainly framing this however is so far the EU Commission.