The Single European Act and the Environmental Policy of the European Economic Community

Abstract

On July 1, 1987, the Single European Act (the SEA) entered into force, effecting a series of amendments to the EEC Treaty pursuant to which the European Economic Community was created. The SEA gives a constitutional base to the Community's environmental policy and defines its objectives. This chapter describes the statutory bases for the EEC's environmental policy as they existed in the EEC Treaty, prior to its amendment by the SEA. It examines the new provisions of the Treaty concerning the Community's environmental policy and their impact. The chapter addresses the legislative process and examines the so-called safeguard clauses. Article 100 provides an incomplete base for environmental action. The Article would only permit action by the Community if such is done in reaction to an existing Member State measure that affects the functioning of the common market. Article 235 permits action by any of the legal means listed Article 189, including regulations that are directly applicable in all Member States.