Environmental Policy in the European Community: Observations on the European Environment Agency

U.N.T.S. 11 [hereinafter EEC Treaty].The EEC Treaty has been amended in essential ways by the Single European Act.30 O.J. EUR.COMM.(No. L 169) 1 (1987).This Note uses "EC," even though the more prevalent Anglo-American usage is "EEC."While the mechanisms for Community action are usually described as economic, the actions of the EC often reflect more complex motives and goals.The European Communities-Coal and Steel, Atomic, and Economic-were conceived in order to prevent war, that is, to transform the nature of European politics.See Treaty Establishing the European Coal and Steel Community, Apr. 18, 1951, 261 U.N.T.S. 140; Treaty Establishing the European Atomic Energy Community, Mar. 25, 1957, 298 U.N.T.S. 169.The EEC treaty expressly contains policy which cannot be considered "economic" in any meaningful sense, most explicitly in part 3, title III, "Social Policy."For an analogous use of language, a U.S. lawyer might recall the range of laws constitutionally justified under the commerce clause.Moreover, central institutions of the European Coal and Steel Community, the European Atomic Energy Community, and the European Economic Community were fused by the Treaty Establishing a Single Council and a Single Commission of the European Communities (Merger Treaty), 10 O.J. EUR.COMM.(No. 152) 1 (1967).Thus, as a technical matter, these Community institutions are not founded solely upon the EEC Treaty, even though most of their activities are conducted under the authority of the EEC Treaty.In these circumstances, to indicate that Community politics is "economic," and by implication somewhat removed from other societal questions, would be misleading.2. Haagsma, The European Community's Environmental Policy: A Case Study in Federalism, 12 FORDHAM INT'L L.J. 311, 315 (1989).3. EEC Treaty, supra note 1, pt. 3, "Policy of the Community," tit.VII, "Environment.