ABSTRACT
The Community’s interest in environmental legislation can be traced back to 1972, the year of the United Nations Conference on the Human Environment; however, difficulties arose because the 1958 Treaty of Rome provides no clear basis for environmental protection. The Maastricht Treaty contained a third element which can affect the environment: Article 171 was amended to include a provision for sanctions. The European Court of Justice had no power to enforce its decisions, relying solely on the goodwill of the Member States. The final version of the Directive does reflect the goals of EC environmental policy in several respects. Although environmental legislation is of course, enacted in a fashion similar to that of other Community legislation, a few aspects are different. While the effect of the Directive is the protection of the environment, its purpose is to avoid distortions of the internal market.
