30. 9. 74 Official  Journal  of the European  Communities No C 116/35 
2.1.4.2.  The  Committee  is working  on the premise 
that apart  from  the  differences  in veterinary 
regulations  and  the zootechnical  factors  mentioned  in 
the proposal  for a Regulation,  there  can  be no other 
justification  for trade  barriers  in this  field. 
2.1.5.  Article  3 
2.1.5.1.  The  fear  was  expressed  that  Articles  2 and 
3, taken  together  in that  order,  would  permit  every 
pure-bred  breeding  animal  which  met  the 
requirements  of the exporting  country  to be registered 
in the herd-book  of the importing  country. 
2.1.5.2.  The  Committee  considers  that  it must  be 
made  clear  that  the  obligation  to register  imported 
pure-bred  breeding  animals  can  only  apply  to 
animals  which  satisfy  the  requirements  of the 
importing  country. 
2.1.6.  Article  4 
2.1.6.1.  The  Committee  calls  for a better  transla-
tion of the French  term  'race  laitiere  ou mixte'  into 
German,  Dutch  and  English. 2.1.7.  Article  6 
2.1.7.1.  Provision  should  be made  for representa-
tives  of the professional  organizations  to be consulted 
on decisions  to be made  by the Standing  Committee 
on Zootechnics.  The  Committee  can  only  approve 
this proposal  for  a Regulation  and  any  future 
proposals  on the subject  if this  condition  is met. 
2.1.8.  Annexes 
2.1.8.1.  The  Committee  will  not  comment  on the 
various  technical  details  of the annexes.  However,  it 
requests  the Commission  to check  them  thoroughly, 
in collaboration  with  the breeders'  associations,  as it 
has the  impression  that  these  particulars  do not 
correspond  to  the  current  state  of  scientific 
knowledge  in this  field. 
2.2. Draft  Decision 
2.2.1.  The  Economic  and  Social  Committee 
considers  that  the  list  of tasks  of the  Standing 
Committee  on  Zootechnics  in point  III  of the 
explanatory  memorandum  is to be looked  upon  only 
as a series  of examples  and  not as a complete  list. 
Done  at Brussels,  27 June  1974. 
The Chairman 
of the Economic  and  Social  Committee 
Alfons  LAPPAS 
Opinion  on the 'Draft  recommendation  by the Council  to the Member  States  regarding 
cost allocations  and  action  by public  authorities  on environmental  matters' 
The text  referred  to the  Committee  has  been  published  in Official  journal  of the 
European  Communities  No  C 68 of 12 June  1974,  pages  1 to 5. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 18 March  1974,  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. 
No C 116/36 Official  Journal  of the European  Communities 30. 9. 74 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its Opinion  on the above  matter  at its 
121st  plenary  session,  held  in Brussels  on 26 and  27 June  1974. 
The full  text  of the Opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE: 
Having  regard  to the request  from  the Council  of the 
European  Communities,  dated  19 March  1974,  for an 
opinion  on  the  'Draft  recommendation  by  the 
Council  to  the  Member  States  regarding  cost 
allocations  and  action  by  public  authorities  on 
environmental  matters'; 
Having  regard  to the Decision  of its Bureau,  dated  26 
March  1974,  entrusting  the Section  for Protection  of 
the Environment,  Public  Health  and  Consumer 
Affairs  with  the  preparation  of an opinion  on this 
matter; 
Having  regard  to  Article  198  of  the  Treaty 
establishing  the European  Economic  Community, 
Having  regard  to the Opinion  delivered  by the said 
Section  at its meeting  on 18 June  1974; 
Having  regard  to the  report  presented  by  Mr 
Ventejol,  rapporteur; 
Having  regard  to the discussions  at its 121st  plenary 
session  held  on 26 and  27 June  1974,  sitting  of 
26 June  1974; 
Whereas  the  application  of the  'polluter  pays' 
principle  is  a top-priority  objective  for  the 
implementation  of the  Community  environmental 
policy; 
Whereas  such  a policy  should  enable  the members  of 
the European  Community  to have  a complete  feeling 
of solidarity  and  responsibility  not  only  in the drive 
against  the various  forms  of pollution  and  nuisance 
but also  in nature  conservation; 
Whereas  the success  of this  action  depends  to a large 
extent  on the efforts  which  will  be made  at all levels 
with  regard  to educating  and  informing  the public, 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
unanimously: 
The Committee  approves  the  draft  recommenda-
tion,  subject  to the following  comments: 1. The  Committee  feels  that  this  instrument  should 
have  been  a Directive  rather  than  a recommendation, 
and that  the  Community  should  have  stated  firmly 
the need  to implement  a Community  environmental 
policy  which  would  furthermore  be closely  linked  to 
the regional  policy  and  the social  policy. 
2. With  regard  to  the  measures  which  are 
necessary  to avoid  or to reduce  pollution  to the 
qualitative  level  desired  by the public  authorities,  the 
Committee  can  only  agree  that  prevention  is 
necessary.  As it is always  more  expensive  to repair 
material  damage,  all  procedures  which  seek  to 
transfer  the financial  burdens  and  the responsibilities 
from  the polluter  to the budgets  of public  bodies  and 
authorities  should  be rejected. 
3. Furthermore,  while  the  Committee  agrees  that 
natural  and  legal  persons  should  bear  the 
responsibility,  it emphasizes  the difficulty  that  arises, 
where  an individual  is involved,  in detecting  all the 
nuisance  and  pollution  which  he has caused. 
4. The  Committee  wonders  whether  the user  of a 
product,  who  is often  the final  consumer,  can be held 
responsible  even  in principle.  The  application  of this 
principle  would  make  it necessary  to ensure  that  the 
products  made  available  to users  were  not,  in 
themselves,  sources  of pollution  or nuisance.  The 
user must  therefore  be suitably  informed  of the 
composition  and  characteristics  of the product. 
5. The  Committee  believes  that,  if one  wishes  to 
prevent  pollution,  clear  and  precise  information  must 
be given  and  taken  into  account  in training  and  edu-
cational  programmes.  These  requirements  will  make 
it easier  to assess  the  real  responsibilities  of the 
consumer.  It is self-evident  that  he is to be held  fully 
responsible  if he dumps  waste  and  rubbish  indis-
criminately. 
6. With  regard  to the compensation  to be paid  to 
victims  of pollution  and  nuisances,  the  Committee 
wonders  how  it will  be possible  in every  case  to 
judge  what  constitutes  a victim  of pollution  or of 
nuisance;  specific  recent  examples  of disasters  which 
have  often  hit whole  communities  demonstrate  that 
communities  can  be 'victims'.  The  Committee  notes 
30.9.74 Official  Journal  of the European  Communities No C 116/37 
that it will  be necessary  to take  special  care  when 
implementing  texts  are drafted  in the Member  States 
and in the  Community,  that  the  relevant  laws  and 
regulations  do not  give  rise  to conflicts  or legal 
proceedings,  and  that  the  compensation  due  to the 
victim  or victims  is paid  very  quickly. 
7. The  Committee  also  notes  that  it will  be 
difficult  to establish  an optimum  level  of purity  for 
all cases  and  this  may  give  rise  to a considerable 
disparity  in the laws  or regulations  of the  Member 
States.  This  will  hamper  harmonization  and  the 
Community  policy,  especially  the latter.  Whilst  the 
optimum  level  of purity  may  vary  from  one region  to 
another,  the  practical  implementation  of  this 
principle  must  not  involve  accepting  a distinction 
between  industrial  regions  condemned  to pollution 
and tourist  regions  which  benefit  from  this  optimum 
level  of purity. 
8. With  regard  to the exceptions  to the application 
of the 'polluter  pays'  principle,  the Committee  points 
out that  a fairly  long  period  for adaptation  to this 
principle  should  make  it possible  to spread  out over  a 
period  of  time  the  efforts  required  for  the 
counter-pollution  drive,  rather  than  waiting  for the 
expiry  of the deadline  for adaptation  before  making  a 
start.  Furthermore,  the aid which  is provided  for in 
the Commission  document  should  be of a temporary 
nature  and  supervision  of its application  by public 
authorities  should  make  it possible  to gauge  the 
effectiveness  of the fight  against  pollution  in relation 
to the amount  of aid given,  and  to avoid  distortions 
in competition  at Community  level. 9. The  Committee  asks  the  Commission,  in 
connection  with  the more  specific  proposals  which  it 
is to draw  up later,  to examine  whether  or not it is 
necessary,  by way  of exception,  to have  recourse  to 
tax measures  in the case  of essential  commodities  so 
as to reduce  the burdens  on the  less  well-off  con-
sumers. 
10. In  the fight  against  pollution,  prevention,  the 
establishment  of standards,  the allocation  of levies, 
the informing  of any  polluters,  educating  public 
opinion  and  making  it aware  of the  problem,  the 
transparency  and  efficiency  of aids,  will  all call  for 
public  administration  by the Member  States  and  the 
Community.  This  does  not involve  the creation  of a 
new structure  or structures,  for these  duties  and  tasks 
can be carried  out  by existing  machinery,  provided 
that they  are properly  coordinated. 
11. In  conclusion,  the Committee  believes  that  the 
initiation  of a European  environmental  policy,  even  if 
it is only  covered  by partial  and  therefore  inadequate 
recommendations,  must  not be jeopardized  and  that 
the requirements  in respect  of the  Community's 
competitive  capacity  should  at the  same  time  be 
reconciled  with  the urgent  drive  against  pollution  and 
nuisances.  The  action  taken  must  be conducive  to 
persuading  non-member  countries,  if necessary  by the 
implementation  of Community  protective  measures, 
to set up parallel  environmental  policies,  and  all the 
various  environmental  policies  should  include  the 
necessary  sums  in the costs.  It would  be short-sighted 
only to consider  certain  material  costs  if the  most 
precious  assets  of all,  which  are  often  the common 
heritage  of humanity,  are being  squandered. 
Done  at Brussels,  26 June  1974. 
The Chairman 
of the Economic  and  Social  Committee 
Alfons  LAPPAS