PART 1 chap 1: EU Environmental Law History

44 Questions

What was the primary motivation behind the creation of the European Coal and Steel Community (ECSC) in 1951?

To consolidate the reconciliation between France and Germany and to re-build industry after the Second World War.

What was the significance of the industries chosen for the European Coal and Steel Community (ECSC)?

Coal and steel were vital industries and the basis of a country's power in the early 1950s.

Who made the appeal on 9 May 1950 that is regarded as the starting point for European integration?

Robert Schuman, the French Foreign Minister.

What was the intended outcome of the pooling of French and German resources in the European Coal and Steel Community (ECSC)?

To mark the end of the rivalry between the two countries.

When did the Treaty of Paris come into force?

23 July 1952.

What was the duration of the Treaty of Paris?

50 years, expiring on 23 July 2002.

Which six European countries agreed to work towards integration in the European Coal and Steel Community (ECSC)?

France, Germany, Italy, and the three countries in Benelux (Belgium, Netherlands, and Luxemburg).

What is the significance of Robert Schuman's declaration on 9 May 1950?

It emphasized the importance of concrete achievements in creating a de facto solidarity among European countries.

What was the primary focus of the Treaty of Paris?

Supporting modernization and conversion of the coal and steel sectors

What were the two communities established by the Treaties of Rome?

The European Economic Community (EEC) and the European Atomic Energy Community (EAEC)

What were some of the key provisions of the EEC Treaty?

Elimination of customs duties, establishment of an external Common Customs Tariff, introduction of common policies for agriculture and transport, creation of a European Social Fund, and establishment of a European Investment Bank

What was the significance of the Paris Summit meeting in 1972?

It marked the beginning of the EU's environmental policy

What was the Amoco Cadiz disaster?

A supertanker that ran aground on the coast of Brittany, France, resulting in the largest oil spill of its kind in history at that time

What was the Seveso disaster?

An industrial accident that occurred in a chemical manufacturing plant in Italy, resulting in the highest known exposure to TCDD in residential populations

What was the motivation behind the EU's emerging environmental policy?

The increasing international politicization of environmental problems and the growing realization that environmental pollution did not stop at national borders

What was the outcome of the first Environmental Action Programme adopted in 1973?

It represented the EU's first environmental policy

What was the significance of the Euratom Treaty?

It had originally set highly ambitious objectives for the development of nuclear industries, but had to be scaled back due to the complex and sensitive nature of the nuclear sector

What were some of the environmental disasters that occurred in Europe and the world during the 1960s and 1970s?

Pollution of the river Rhin with pesticide endosulfan, pollution of Lake Erie between Canada and the US due to waste from chemical plants, and others

What was the year of the Seveso dioxin incident in Italy?

1976

What was the name of the case in which the EU Court judged that environmental protection could be invoked to justify French legislation restricting free movement of goods?

Waste Oils case (Case 240/83 Procureur de la République v Association de Défense des Bulleurs d'Huiles Usagées (ADBHU))

What was the year of the nuclear accident in the Three Mile Island in the US?

1979

Why was a common environmental policy introduced in the European Community in the 1980s?

To prevent diverse environmental standards from resulting in trade barriers and competitive distortions in the Common Market

What was the main objective of the Single European Act (SEA)?

To reform the institutions in preparation for Portugal and Spain's adhesion and to speed up decision-making in preparation for the single market

What was the year the Single European Act (SEA) was signed and entered into force?

Signed on 17 February 1986 (Luxembourg) and 28 February 1986 (The Hague) and entered into force on 1 July 1987

What was the significance of the Waste Oils case (Case 240/83)?

It established that environmental protection could be invoked to justify French legislation restricting free movement of goods

What principles of EU environmental policy were introduced by the Single European Act (SEA)?

The principles of preventive action and the polluter pays principle

What was the concern in Denmark in the early 1980s regarding the EC Treaties?

The absence of any provisions about environmental protection

What was the significance of the Council Directive 75/439/EEC on the disposal of waste oils?

It required prior approval for cross-frontier movements of waste oils, balancing environmental protection with the internal market and free competition

What were the main purposes of the Treaty of Lisbon?

To make the EU more democratic, more efficient and better able to address global problems, and to clarify which powers belong to the EU, member States and shared.

What was one of the main changes introduced by the Treaty of Lisbon?

The creation of a permanent president of the European Council, a new High Representative for Foreign Affairs, and a new EU diplomatic service.

What is the significance of the Charter of Fundamental Rights according to the Treaty of Lisbon?

It is legally binding, although it remains a separate document.

What are the two main treaties that the EU is currently based on?

The Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).

What is the EUR-Lex database?

A database of EU law.

What can be found on the European Union's website EU Treaties | European Union - europa.eu?

The provisions within the currently in force EU Treaties which deal with the environment.

What was the main purpose of the Treaty of Maastricht?

To prepare for European Monetary Union and introduce elements of a political union regarding citizenship, common foreign and defence policy, justice, and home affairs policy.

What principle was added to the environmental policy objectives by the Treaty of Maastricht?

The precautionary principle.

What was the main purpose of the Treaty of Amsterdam?

To reform EU institutions in preparation for the arrival of future member countries, notably from Eastern Europe.

What was the main purpose of the Treaty of Nice?

To reform the institutions so that the EU could function efficiently after reaching 25 Member States.

How did the Treaty of Nice affect the EU's environmental policy?

The Treaty of Nice left the pre-existing legal framework for environmental protection almost unvaried.

What was a concern raised by the eastern enlargement of the EU?

The fear of the potential negative impact of enlargement on the decision-making efficiency of the EU and environmental standard-setting.

What was an ambitious argument made about the eastern enlargement of the EU?

That it could act as a catalyst for the EU to interact more intensively with its neighbours and expand environmental law beyond EU borders.

What was the main change introduced by the Treaty of Lisbon?

It maintained the structural changes and most of the institutional innovations.

What was the significance of the Treaty of Amsterdam in terms of environmental protection?

It added a reference to sustainable development among the Union's objectives and mentioned the achievement of 'a high level of protection and improvement of the quality of the environment' among the tasks of the European Union.

What was a consequence of the eastern enlargement of the EU?

It put enormous pressure on the often-limited expertise and resources of the entrant Member States.

Study Notes

The Origin of European Environmental Law

The EU's environmental policy has no explicit Treaty basis in the founding treaties of the EU.

The Treaty of Paris (1951)

Established the European Coal and Steel Community (ECSC) on April 18, 1951, and came into force on July 23, 1952.
Expired on July 23, 2002, after 50 years.
First step towards European integration, with six European countries agreeing to work together.
Robert Schuman's appeal on May 9, 1950, marked the starting point for European integration.

The Treaties of Rome (1957)

Strengthened the foundations of integration and the notion of a common future for the six countries involved.
Signed on March 25, 1957, and came into force on January 1, 1958.
Established the European Economic Community (EEC) and the European Atomic Energy Community (EAEC or Euratom).
Provisions included:
- Elimination of customs duties between Member States
- Establishment of an external Common Customs Tariff
- Introduction of common policies for agriculture and transport
- Creation of a European Social Fund
- Establishment of a European Investment Bank
- Development of closer relations between Member States

The Paris Summit (1972)

Marked the beginning of the EU's environmental policy.
A declaration on environmental and consumer policy was adopted, requesting the European Commission to draw up an action programme for environmental protection.
The first Environmental Action Programme was adopted in July 1973.

Notable Environmental Disasters

1969: Pollution of the river Rhine with pesticide endosulfan
1969: Pollution of Lake Erie between Canada and the US due to waste from chemical plants
1976: Seveso disaster in Italy due to dioxin
1978: Amoco Cadiz oil spill
1978: Pollution of Love Canal in the US
1979: Nuclear accident in Three Mile Island in the US

The EU Court Judgement in the Case of Waste Oils (1985)

The Court held that environmental protection could justify restrictions on free movement of goods.
The principle of freedom of trade is not absolute and is subject to certain limits justified by objectives of general interest pursued by the Community.

The Single European Act (1986)

Introduced an explicit legal basis for environmental legislation at the European level.
Empowered the Council, in consultation with the European Parliament, to adopt measures for environmental protection.
Introduced key principles of EU environmental policy, including the "preventive action" principle and the "polluter pays" principle.

The Treaty of Maastricht (1992) and the Treaty of Amsterdam (1997)

Introduced a specific reference to the precautionary principle among the guiding principles of EU environmental policy.
Added a reference to sustainable development among the Union's objectives.
Expressedly mentioned the achievement of "a high level of protection and improvement of the quality of the environment" among the tasks of the European Union.

The Treaty of Nice (2001) and the Treaty of Lisbon (2007)

The Treaty of Nice reformed the institutions in preparation for the future enlargement of the EU.
The Treaty of Lisbon made the EU more democratic, efficient, and better able to address global problems, such as climate change.
The Treaty of Lisbon also made the Charter of Fundamental Rights legally binding.

This quiz covers the origin and historical development of European Union environmental law, from the founding treaties to the present day.

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