No C 205/28 Official Journal of the European Communities 9. 8. 82 
Opinion on the draft Action Programme of the European Communities on the Environment 
(1982-1986) 
The text referred to the Committee has been published in Official Journal of the European 
Communities No C 305 of 25 November 1981, page 2. 
A. LEGAL BASIS FOR THE OPINION 
On 19 November 1981 the Council referred the abovementioned proposal to the Economic 
and Social Committee in accordance with Article 198 of the Treaty establishing the European 
Economic Community. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee prepared its opinion on the above matter at its 198th 
plenary session held in Brussels on 26 and 27 May 1982. 
The full text of the opinion is as follows: 
THE ECONOMIC AND SOCIAL COMMITTEE, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 198 
thereof, 
Having regard to the request made by the Council of the 
European Communities on 19 November 1981 for an 
opinion on the draft Action Programme of the European 
Communities on the Environment (1982- 1986), 
Having regard to the decision taken by the ESC chairman 
on 24 November 1981, instructing the Section for the 
Protection of the Environment, Public Health and 
Consumer Affairs to prepare an opinion on the 
matter, 
Having regard to the discussions of that Section at its 69th 
meeting, held on 4 May 1982, 
Having regard to the oral report by the rapporteur, 
Mr Mills, 
Having regard to the discussions during the 198th plenary 
session of 26 and 27 May 1982, 
HAS ADOPTED THE FOLLOWING OPINION 
unanimously: 
1. Evaluation of Community policy on environmental 
matters 
1.1. At the 1972 Paris Summit, the Heads of State or 
of Government made inter alia the following declaration: 
'Economic expansion is not an end in itself. Its first aim 
should be to enable disparities in living conditions to be 
reduced . . . particular attention will be given to 
intangible values and to protecting the environment, so 
that progress may really be put at the service of 
mankind.' 
1.2. This policy was translated into two action 
programmes (') which covered the period 1973 to 1981, 
and falls under four main categories: 
(') O] No C 112, 20. 12. 1973; OJ No C 139, 13. 6. 1977. — the reduction of pollution and nuisances which are 
detrimental to natural resources, the biosphere and 
the quality of life, 
— the protection of natural resources and the 
improvement of the quality of life by means of 
regulations and measures of a preventive nature, 
— to organize measures to support the aforementioned 
actions, 
— to seek international solutions to certain problems. 
1.3. Substantial progress with legislation has been 
achieved in many of the above areas covered by 
environmental policy. In less than nine years, the 
Community has passed some 60 pieces of legislation, 
(some of which, however, have very limited application) 
on water, air, waste, noise and on the protection of the 
environment, land and natural resources. Further 
progress could have been achieved had the Council seen 
fit to make Decisions on a number of proposals which the 
Commission had submitted. In addition, the Committee 
observes that some Community Decisions were rendered 
inoperable because certain Member States delayed their 
incorporation into national legislation, or did not 
properly enforce the measures which they had formally 
adopted. The Committee requests Member States to fulfil 
their obligations to submit regular reports to the 
Commission on progress in this field. The Committee is 
of the opinion that the Commission should increase its 
efforts to see that the Community legislation is 
incorporated in national legislation and correctly applied, 
not only by Member States but also by regional and local 
authorities, and should ensure that penalties in the 
Member States are sufficiently uniform to ensure that 
polluters cannot take improper advantage of 
differences. 
1.4. The Committee considers that environmental 
policy should be more fully coordinated with other 
9. 8. 82 Official Journal of the European Communities No C 205/29 
Community policies (in particular agricultural, industrial 
and budgetary policies), with a view to developing an 
overall strategy. 
In the absence of such an overall strategy the Committee 
fears that environmental policy might be conceived only 
as an aspect of Community action concerned with the 
internal market, although the Commission's dual 
commitment to preventing trade distortions and 
strengthening the functioning of the common market still 
holds good. 
Taking the foregoing points into consideration, the 
Committee is of the opinion that it is essential that the 
Commission produce a report on Community action in 
environmental matters with a view to determining the 
order of priority of the measures which should be taken in 
each field. 
2. New approach to environment policy 
2.1. Initially the essential aim of the Community 
environment policy was the control of pollution and of 
nuisances; but the policy has gradually assumed an 
overall preventive character. This development offers the 
twofold advantage of environmental protection measures 
at the lowest possible cost and of positive measures which 
support and complement economic development. The 
Committee supports this new approach by the 
Commission, especially as it is the basis of its point of 
view developed in its opinion on the Second 
Environmental Programme. 
2.2. The Committee stresses that it always costs more 
to correct environmental damage than to prevent damage 
occurring. Environmental planning and measures must 
therefore be carried out in advance. Environmental 
compatibility must be verified in the initial stages of 
industrial-plant planning and the introduction of new 
products. 
The Committee therefore agrees with the Commission 
that environmental policy is a structural policy which 
must be continued, irrespective of short-time cyclical 
fluctuations, in order that natural resources are not 
wasted and future potential is not lost. 
The Committee considers that the Commission should 
continue the practice of assessing the cost-effectiveness of 
anti-pollution measures so that such assessments can be 
taken into account in the preparation of proposals for 
new legislation. 
2.3. The Committee underlines the importance of the 
Community's environmental policy taking more account 
of different regional situations, in order to avoid 
difficulties which could arise from the implementation of 
Community measures in this field. Care is necessary to 
ensure that in the application of the environment policy 
more account is taken of the structure of local 
government and of its staff and budgetary resources. 2.4. In addition, the Committee invites the 
Commission to encourage more effective initiatives in the 
field of information (involving, apart from local 
authorities and associated bodies, schools, mass media 
etc.) in order that the public can develop a more mature 
ecological awareness and thus assure greater 
understanding and support for the protection of the 
environment. 
2.5. The Committee also considers it necessary that 
both the Community and national and local authorities 
recognize the role of associations and social groups in the 
examination of matters having an impact on the quality of 
life. 
2.6. The Committee also emphasizes the important 
role which environmental policy can play in industrial 
innovation strategy, and that it can make a contribution 
towards the creation of new jobs. 
2.7. Specific environmental initiative should be taken 
to protect by means of Community aids the 
Mediterranean area more effectively, given its particular 
character as an enclosed sea. 
3. General comments on the draft Action Programme of 
the European Communities on the Environment 
(1982-1986) 
3.1. The Committee welcomes the intention of the 
Commission to continue to pursue its aims on the 
environment and supports the draft action programme 
subject to the observations below. 
3.2. An active policy of environmental protection in 
general has a beneficial long-term economic and 
macroeconomic impact. However, the action programme 
must seriously consider the microeconomic implications 
and the short-term economic effects. Environmental 
policy decisions should take account of the risk of loss of 
competitiveness of Community-based producers, should 
over-ambitious measures be envisaged. The overall needs 
of the Community will not be met by adopting measures 
which may cause enterprises to leave the Community and 
relocate in countries with lower environmental 
standards. At the same time, the present economic and 
employment situation and competitivity problem should 
not be used as a justification for omitting the adoption of 
the necessary environmental regulations. 
3.3. The Committee recognizes that in order to utilize 
available resources to the best advantage it is necessary to 
determine policies and priorities in environmental control 
and to obtain the support of public opinion, so ensuring 
the participation of all parties concerned. 
3.4. The Committee welcomes the Commission's 
initiative in developing strategy with environmental 
issues considered within the broader aims of economic 
and social development. 
No C 205/30 Official Journal of the European Communities 9. 8. 82 
4. Specific comments 
4.1. The Committee points out the need for care to be 
taken in implementing the 'polluter pays' principle as it is 
at present conceived so as to ensure that any costs which 
arise from pollution are wholly borne by the polluter even 
if such costs are passed on to the consumer. 
Whilst recognizing and supporting the internationally 
accepted principles of justice and civil liability 
the Committee invites the Commission to prepare a 
compendium of the most significant legal ruling in the 
field of compensation for damage to the environment. 
Such a compendium, which would have to be periodically 
updated, could make it easier to apply the 'polluter pays' 
principle correctly. 
4.2. The Committee emphasizes the necessity for the 
Commission the Council and others concerned to: 
— encouraged the reduction of all forms of pollution, 
nuisance and damage to land, 
— foresee and encourage the preparation of R & D 
programmes including those by local authorities 
aimed at finding the best balance between the creation 
of wealth, the creation of employment, the 
conservation of resources, and the protection of 
human health, 
— give more intensive support to preventative measures 
such as the wider use of clean technologies, 
— propose how appropriate training for personnel 
concerned can be provided at the managerial and 
technical levels and also at the supervisory and 
checking levels to avoid errors of judgment in 
assessment, 
— encourage environmental protection measures that 
promote savings in energy and raw materials 
(concessions for clean and renewable energy sources, 
organic farming, recycling of waste, and so on), while 
taking into consideration the prevention or reduction 
of the adverse effects of using alternatives to oil. 
4.3. The Committee welcomes the fact that the 
Community budget for 1982 contains a new heading for 
environmental activities, which may be considered a first 
step towards the creation of a fund for the protection of 
the environment. The Committee considers that these 
resources should be used for a limited number of specified 
projects, as well as pilot stage developments. These 
projects do not attract funds from other EEC 
instruments, and their importance should be recognized 
by making adequate finance available from the general 
Community budget. Moreover, the Committee requests the Commission to 
encourage the utilization of the existing funds - the 
Social Fund, EAGGF (Guidance Section), the Regional 
Fund - for projects which, besides the specific objectives 
of each fund, could contribute also to the protection of 
the environment. 
4.4. Industry should be encouraged to develop 
pollution control equipment by making provision for the 
necessary plant to attract the same fiscal and financial 
aids as other industrial plant. 
4.5. The Committee supports the Commission in its 
belief that agriculture is also an activity which needs to be 
subject to measures directed to the preservation and 
protection of the environment. 
It is therefore necessary to pursue more vigorous action to 
limit the risks arising from certain production and 
livestock breeding techniques and, to encourage the use of 
less polluting farming methods. 
4.6. The Committee is concerned about the continued 
loss to the Community and the world of species of flora 
and fauna, and calls on the Commission to assist and 
encourage ways of preserving the genetic heritage. 
4.7. The Committee recognizes also the need to 
develop a genuine Community forestry policy with 
particular reference to the maintenance of an ecological 
and climatic balance, especially as the Community is not 
at present self-sufficient in wood. 
4.8. The Committee supports the Commission's aims 
of seeking improved scientific and technical information 
on the environment. By obtaining such data, the 
Commission should be able to develop a realistic strategy 
for implementation of the draft action programme, which 
takes full account of the prevailing economic conditions. 
Funds should be made available to publish and 
disseminate the results of this research to enable more 
information to be made available to the public. 
4.9. The Committee recognizes that substantial work 
has still to be done in the field of motor vehicle pollution 
technology, and is of the opinion that vehicle 
manufacturers in the Community should intensify their 
efforts to produce less polluting engines, and that they 
stay abreast of technological developments in this 
field. 
The Committee endorses the 'overall' approach adopted 
by the Commission which aims to take into account 
energy conservation, the protection of the environment, 
the safety of users and the competitiveness of the motor 
industry in the Community and international markets. 
9. 8. 82 Official Journal of the European Communities No C 205/31 
4.10. Bearing in mind that the implementation of an 
environment policy also involves improvement work in 
conurbations and the safeguarding of the Community's 
architectural and artistic heritage, the Committee 
recommends that the Commission promote appropriate 
protection measures, taking into consideration the work 
of the Council of Europe in this connection. The 
Committee also hopes that greater collaboration between 
Member States can be achieved in this area. 
4.11. The Committee strongly supports the moves to 
give an international dimension to the Community's 
environmental policy. By combining with like-minded 
third countries and inter-governmental organizations in 
establishing coordinated international efforts to solve 
particular problems, the Community can best ensure that 
the quality of life is enhanced and the environment is 
improved and protected. 4.12. Decisions should be taken in an all-European 
and cross-border context rather than within a narrow 
national framework, and particular attention should be 
paid to the problems of frontier areas, where 
neighbouring countries may have different priorities. 
To minimize divergences and overlap, full use should be 
made of all procedures available to facilitate a rapid 
exchange of information between interested parties, and 
in particular that recourse should be had to the facilities 
already available through the Commission. 
The Community should also ensure that it adheres to the 
relevant international conventions concerning the 
environment, and take into consideration the effect of its 
development policy on the environment of Third World 
countries. 
Done at Brussels, 27 May 1982. 
The Chairman 
of the 
Economic and Social Committee 
Tomas ROSEINGRAVE 
APPENDIX 
to the opinion of the Economic and Social Committee 
The following passages were amended following the adoption of amendments at the plenary session: 
Page 7 - Paragraph 4.2, fourth indent 
'— propose how appropriate training can be provided for personnel concerned, 
Voting 
The amendment was adopted unanimously. 
Page 10 - Paragraph 4.11 
The following sentence has been deleted from the paragraph and replaced by a new paragraph 4.12: 
'Coordinated efforts should also be undertaken in frontier areas within the Community.' 
Voting 
The amendment was adopted unanimously.