ABSTRACT

This chapter presents findings from research carried out at the archives of the European Union (EU) on the debates amongst the Member States and the institutions involved during the drafting process of what is now Article 11 of the Treaty on the Functioning of the European Union (TFEU). It shows that the environmental integration obligation enshrined in Article 11 TFEU was intended to apply across the board rather than to certain areas of competence. The relevance of the environmental integration obligation seems rather limited in the case law, secondary legislation and the decision making of the institutions. The chapter explores the relevance of the Member States intentions for interpretation of EU law. It focuses on amendments of the Amsterdam and Maastricht Treaties, as these were the most important changes in terms of the environmental integration obligation. Finally, it explains drafting process at the intergovernmental conferences preparing Maastricht and Amsterdam Treaties, which have given the environmental integration obligation its current shape.