Treaty Establishing the European Community
as Amended by Subsequent Treaties
ROME, 25 March 1957
- Community policy on the environment shall contribute if
to pursuit of the following objectives:
- preserving, protecting and improving the quality of the
- protecting human health;
- prudent and rational utilization of natural resources;
- promoting measures at international level to deal with regional or
worldwide environmental problems.
- Community policy on the environment shall aim at a high level of
protection taking into account the diversity of situations in the various
regions of the Community. It shall be based on the precautionary
principle and on the principles that preventive action should be taken,
that environmental damage should as a priority be rectified at source and
that the polluter should pay. Environmental protection requirements must
be integrated into the Community's other policies.
In this context, harmonization measures answering these requirements
shall include, where appropriate, a safeguard clause allowing Member
States to take provisional measures; for non-economic environmental
reasons, subject to a Community inspection procedure.
- In preparing its action relating to the environment, the Community
shall take account of:
- available scientific and technical data;
- environmental conditions in the various regions of the community;
- the potential benefits and costs of action or of lack of action;
- the economic and social development of the Community as a whole and
the balanced development of its regions.
- Within their respective spheres of competence, the Community and the
Member States shall co-operate with third countries and with the
competent international organizations. The arrangements for Community
co-operation may be the subject of agreements between the Community and
the third parties concerned, which shall be negotiated and concluded in
accordance with Article 228.
The previous sub-paragraph shall be without prejudice to Member States'
competence to negotiate in international bodies and to conclude
- The Council, acting in accordance with the procedure
referred to in Article 189c and after consulting the Economic and Social
Committee, shall decide what action is to be taken by the Community in
order to achieve the objectives referred to in Article 130r.
- By way of derogation from the decision-making procedure provided for
in paragraph 1 and without prejudice to Article 100a, the Council, acting
unanimously on a proposal from the Commission and after consulting the
European Parliament and the Economic and Social Committee, shall adopt:
- provisions primarily of a fiscal nature;
- measures concerning town and country planning, land use with the
exception of waste management and measures of a general nature, and
management of water resources;
- measures significantly affecting a Member State's choice between
different energy sources and the general structure of its energy
The Council may under the conditions laid down in the preceding
subparagraph, define those matters referred to in this paragraph on which
decisions are to be taken by a qualified majority.
- In other areas, general action programmes setting out priority
objectives to be attained shall be adopted by the Council, acting in
accordance with the procedure referred to in Article 189b and after
consulting the Economic and Social Committee.
The Council, acting under the terms of paragraph 1 or paragraph 2
according to the case, shall adopt the measures necessary for the
implementation of these programmes.
- Without prejudice to certain measures of a Community nature, the
Member States shall finance and implement the environment policy.
- Without prejudice to the principle that the polluter should pay, if a
measure based on the provisions of paragraph 1 involves costs deemed
disproportionate for the public authorities of a Member State, the
Council shall, in the act adopting that measure, lay down appropriate
provisions in the form of:
- temporary derogations and/or
- financial support from the Cohesion Fund to be set up no later than
31 December 1993 pursuant to Article 130d.
Article 130t. The protective measures adopted pursuant to Article 130s
shall not prevent any Member State from maintaining or introducing more
stringent protective measures. Such measures must be compatible with this
Treaty. They shall be notified to the Commission.