22. 10.  73 Official  Journal  of the  European  Communities No C 88/1 
II 
(Preparatory  Acts) 
COUNCIL 
CONSULTATION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
on the  Draft  Council  Resolution  on  a Community  environmental  programme 
and the  proposal  for  a Council  Decision  on information  of the  Commission  on 
environmental  matters 
A. REQUEST  FOR  AN  OPINION 
At its 241st  meeting  held  on 14 and  15 May  1973,  the  Council  decided  to exercise  its 
option  of consulting  the  Economic  and  Social  Committee  on the  abovementioned  texts. 
The request  for an Opinion  was  sent  by the  President  of the  Council  to the  Chairman  of 
the Economic  and  Social  Committee  on 15 May  1973. 
B. TEXTS  WHICH  WERE  THE  SUBJECT  OF  THE  CONSULTATION 
The texts  which  were  the  subject  of the  consultation  have  not  yet  been  published  in the 
Official  Journal  of  the European  Communities. 
C. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
At its 112th  Plenary  Session  held  in Brussels  on 26 and  27 June  1973,  the  Committee 
adopted  its  Opinion  on  the  abovementioned  texts  by a unanimous  vote  of all  the 
members  present  or represented. 
The text  of the  Opinion  is as follows  : 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
Having  regard  to the  referral  by the  President  of the 
Council  of the  European  Communities  on 15  May 
1973  of a draft  Council  resolution  on a Community 
environmental  programme  and  a proposal  for  a 
Council  decision  on information  of the  Commission 
on environmental  matters, 
Having  regard  to the decision  of its Bureau  on 23 May 
1973,  in accordance  with  Article  22 of the  Rules  of Procedure,  to entrust  the  Section  for  the protection  of 
the Environment,  Public  Health  and  Consumer 
Affairs  with  the  preparation  of an Opinion  and  a 
report  on the  matter, 
Having  regard  to  the  Opinion  delivered  by  the 
Section  for  the Protection  of the  Environment,  Public 
Health  and  Consumer  Affairs  at its meeting  on 14 
June  1973, 
Having  regard  to the  report  submitted  by the  Rappor-
teur,  Mr Merli  Brandini, 
No C 88/2 Official  Journal  of the  European  Communities 22. 10.  73 
Having  regard  to the  discussions  which  took  place  at 
its 112th  plenary  Session  of 26  and  27  June  1973, 
during  the  sitting  of 26  June, 
Whereas  it has  repeatedly  commented  on the  Commu-
nity environmental  programme, 
Whereas  when  the  programme  is being  put  into  effect 
and where  there  are  no  legal  instruments,  systematic 
reference  will  have  to be made  to Article  235  of the 
EEC  Treaty, 
Whereas  the  requisite  provisions  should  be  made  so 
that the  Member  States  are  not  tempted  to abuse  envi-
ronmental  protection  by  using  it as an excuse  to safe-
guard  certain  interests  of their  economy, 
Whereas  however,  this  must  never  be  allowed  to 
obscure  the  fact  that  harmonization  of conditions  of 
competition  should  under  no  circumstances  be 
achieved  at the  expense  of environmental  protection, 
Whereas  the  success  of the  programme  depends  to a 
large  extent  on the  efforts  which  are  made  at all levels 
to educate  and  inform  the  general  public, 
Whereas  it is necessary  to involve  the  Economic  and 
Social-Committee  in the  various  phases  of implemen-
tation  of the  said  programme, 
HAS  ADOPTED  THE  FOLLOWING  OPINION  : 
1. The  Committee  approves  the  draft  resolution 
and proposal  for  a Council  decision  as drawn  up  by 
the Commission,  but  nevertheless  makes  the 
following  comments. 
2. With  regard  to the  programme,  the  Committee 
wishes  to confirm  what  it has  already  said  on  many 
occasions,  particularly  in connection  with: — the  forging  of very  close  links  between  the  aims  of 
the regional  policy  and  the  implementation  of the 
environmental  policy  ; 
— the  action  which  will  have  to be carried  out  at all 
levels  by Community,  national,  regional  and  local 
authorities  to create  awareness  of the  environment 
and encourage  every  citizen  to  assume  his  own 
responsibilities  ; 
— the  need  to  involve  the  Economic  and  Social 
Committee  in the  implementation  of all the  steps 
taken  to carry  through  the  programme  and  espe-
cially  in the  implementation  of plans  of operation 
drawn  up  by  the  Community  information  centre. 
3. With  regard  to  the  draft  resolution,  the 
Committee  points  out  that  it is not  enough  just  to 
adopt  the  aims  and  principles  of an  environmental 
policy  and  approve  the  broad  lines  of the  projects 
under  the  programme  proposed  by  the  Commission. 
The  Community  must  also  make  a definite  decision 
to use  all  the  legal  instruments  at its  disposal  to 
achieve  the  priorities  which  have  been  laid  down. 
In the  draft  Council  resolution  there  is simply  an 
undertaking  to  give  a ruling  on  the  Commission 
proposals.  Such  an  undertaking,  which  follows 
anyhow  from  the  general  provisions  of the  Treaties, 
does  not  give  adequate  assurance  that  the  aims  and 
priorities  set  out  will  really  be implemented. 
The  Committee  attaches  supreme  importance  to this 
matter  and  reiterates  that  the  lack  of suitable  legal 
instruments  is bound  to hamper  the  adoption  of the 
measures  required  for  achieving  the  programme. 
Article  235  of the  Treaty  will,  therefore,  have  to be 
used  in cases  where  suitable  instruments  do not  exist. 
Done  at Brussels,  26 June  1973. 
C/ht i mm >> 
of the  lianwmic  duel  Sociiil  Committee 
Altons  LAPPAS