Book contents
- Frontmatter
- Contents
- Preface
- PART I General principles of EC environmental law
- 1 EC Treaty, as amended by the 1986 Single European Act, the 1992 Treaty on European Union, the 1997 Treaty of Amsterdam and the 2001 Treaty of Nice (extracts)
- 1A EC Treaty, incorporating amendments introduced by the Treaty of Amsterdam, the TEU and the SEA (extracts; superseded by the entry into force of the Treaty of Nice on 1 February 2003)
- 1B EC Treaty, incorporating amendments introduced by the TEU and the SEA (extracts; superseded by the entry into force of the Treaty of Nice on 1 February 2003)
- 1C EEC Treaty, incorporating amendments introduced by the SEA (extracts; superseded by the entry into force of the Treaty of Nice on 1 February 2003)
- 1D Treaty establishing a Constitution for Europe, adopted by the Intergovernmental Conference of Heads of State and Government of the Member States of the European Union on 28 October 2004 (extracts – not yet in force)
- 2 Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (OJ L 242 10.09.2002 p. 1)
- 3 Communication from the Commission of 2 February 2000 on the precautionary principle (COM (2000) 12.02.2000 p. 1)
- 4 Decision No 466/2002/EC of the European Parliament and of the Council of 1 March 2002 laying down a Community action programme promoting non-governmental organisations primarily active in the field of environmental protection (OJ L 075 16.03.2002 p. 1)
- 5 Regulation (EC) No 2493/2000 of the European Parliament and of the Council of 7 November 2000 on measures to promote the full integration of the environmental dimension in the development process of developing countries (OJ L 288 15.11.2000 p. 1)
- PART II European Community institutions and legislation
- PART III The relationship between environmental protection, financial assistance and free trade
- PART IV Procedural techniques of environmental protection
- PART V Protection of air quality
- PART VI Biodiversity and nature conservation
- PART VII Waste
- PART VIII Dangerous substances
- PART IX Water quality
3 - Communication from the Commission of 2 February 2000 on the precautionary principle (COM (2000) 12.02.2000 p. 1)
from PART I - General principles of EC environmental law
Published online by Cambridge University Press: 06 January 2010
- Frontmatter
- Contents
- Preface
- PART I General principles of EC environmental law
- 1 EC Treaty, as amended by the 1986 Single European Act, the 1992 Treaty on European Union, the 1997 Treaty of Amsterdam and the 2001 Treaty of Nice (extracts)
- 1A EC Treaty, incorporating amendments introduced by the Treaty of Amsterdam, the TEU and the SEA (extracts; superseded by the entry into force of the Treaty of Nice on 1 February 2003)
- 1B EC Treaty, incorporating amendments introduced by the TEU and the SEA (extracts; superseded by the entry into force of the Treaty of Nice on 1 February 2003)
- 1C EEC Treaty, incorporating amendments introduced by the SEA (extracts; superseded by the entry into force of the Treaty of Nice on 1 February 2003)
- 1D Treaty establishing a Constitution for Europe, adopted by the Intergovernmental Conference of Heads of State and Government of the Member States of the European Union on 28 October 2004 (extracts – not yet in force)
- 2 Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (OJ L 242 10.09.2002 p. 1)
- 3 Communication from the Commission of 2 February 2000 on the precautionary principle (COM (2000) 12.02.2000 p. 1)
- 4 Decision No 466/2002/EC of the European Parliament and of the Council of 1 March 2002 laying down a Community action programme promoting non-governmental organisations primarily active in the field of environmental protection (OJ L 075 16.03.2002 p. 1)
- 5 Regulation (EC) No 2493/2000 of the European Parliament and of the Council of 7 November 2000 on measures to promote the full integration of the environmental dimension in the development process of developing countries (OJ L 288 15.11.2000 p. 1)
- PART II European Community institutions and legislation
- PART III The relationship between environmental protection, financial assistance and free trade
- PART IV Procedural techniques of environmental protection
- PART V Protection of air quality
- PART VI Biodiversity and nature conservation
- PART VII Waste
- PART VIII Dangerous substances
- PART IX Water quality
Summary
Editorial note
Article 174(2) of the EC Treaty specifies that Community policy on the environment shall be based on the precautionary principle. The principle is not defined in the Treaty. In 1999 the Council asked the Commission to develop clear and effective guidelines for its application. The Commission responded to the Council request by adopting a Communication on the Precautionary Principle in February 2000. The Commission recognises in its Communication of 2 February 2000 that ‘the issue of when and how to use the precautionary principle, both within the European Union and internationally, is giving rise to much debate, and to mixed, and sometimes contradictory views. Thus, decision-makers are constantly faced with the dilemma of balancing the freedom and rights of individuals, industry and organisations with the need to reduce the risk of adverse effects to the environment, human, animal or plant health. Therefore, finding the correct balance so that the proportionate, nondiscriminatory, transparent and coherent actions can be taken, requires a structured decision-making process with detailed scientific and other objective information’ (paragraph 1). The Communication's aim is fourfold according to the Commission: to outline the Commission's approach to using the precautionary principle; to establish Commission guidelines for applying it; to build a common understanding of how to assess, appraise, manage and communicate risks that science is not yet able to evaluate fully; and to avoid unwarranted recourse to the precautionary principle, as a disguised form of protectionism (paragraph 2).
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- Information
- Documents in European Community Environmental Law , pp. 90 - 115Publisher: Cambridge University PressPrint publication year: 2006
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