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Document 11997E175

Treaty establishing the European Community (Amsterdam consolidated version)
Part Three: Community policies
Title XIX: Environment
Article 175
Article 130s - EC Treaty (Maastricht consolidated version)

In force

ELI: http://data.europa.eu/eli/treaty/tec_1997/art_175/oj

11997E175

Treaty establishing the European Community (Amsterdam consolidated version) - Part Three: Community policies - Title XIX: Environment - Article 175 - Article 130s - EC Treaty (Maastricht consolidated version)

Official Journal C 340 , 10/11/1997 P. 0255 - Consolidated version
Official Journal C 224 , 31/08/1992 P. 0052 - Consolidated version


Treaty establishing the European Community (Amsterdam consolidated version)

Article 175

1. The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions, shall decide what action is to be taken by the Community in order to achieve the objectives referred to in Article 174.

2. By way of derogation from the decision-making procedure provided for in paragraph 1 and without prejudice to Article 95, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, shall adopt:

- provisions primarily of a fiscal nature;

- measures concerning town and country planning, land use with the exception of waste management and measures of a general nature, and management of water resources;

- measures significantly affecting a Member State's choice between different energy sources and the general structure of its energy supply.

The Council may, under the conditions laid down in the preceding subparagraph, define those matters referred to in this paragraph on which decisions are to be taken by a qualified majority.

3. In other areas, general action programmes setting out priority objectives to be attained shall be adopted by the Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions.

The Council, acting under the terms of paragraph 1 or paragraph 2 according to the case, shall adopt the measures necessary for the implementation of these programmes.

4. Without prejudice to certain measures of a Community nature, the Member States shall finance and implement the environment policy.

5. Without prejudice to the principle that the polluter should pay, if a measure based on the provisions of paragraph 1 involves costs deemed disproportionate for the public authorities of a Member State, the Council shall, in the act adopting that measure, lay down appropriate provisions in the form of:

- temporary derogations, and/or

- financial support from the Cohesion Fund set up pursuant to Article 161.

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