Abstract
Abstract This article explores how the conflict between the interests of protecting water quality in the coastal waters of the Baltic Sea from nutrient emissions on one hand, and supporting blue growth in the aquaculture sector on the other, has played out in the Nordic legal systems and industry practice. It does so by reviewing the legal and industrial developments in Sweden, Denmark, Finland and the Åland Islands with a focus on interpretation and application of the common EU regulatory framework, mainly the Water Framework Directive and the ecj Weser ruling, and the response from the aquaculture sector. The study shows that the four studied jurisdictions have taken disparate regulatory approaches in balancing ecological status of waters and blue growth. As a consequence of these legal developments, the aquaculture industry faces difficulty in attaining required permits for their operations in all four jurisdictions and significant uncertainty on how to develop the sector to meet the set growth objectives has arisen.
Highlights
Introduction to Aquaculture inSweden, Denmark, Finland and the Åland IslandsAs the wfd and legal principles concerning mitigation and offsetting measures are implemented individually in each jurisdiction, regulatory mechanisms of common descent and with common objectives differ between jurisdictions
While not decisive on the matter, the Land and Environmental Court of Appeal has in several cases since the ruling in the Weser case questioned whether open net pens could be considered best available technique as it offers no filtering.[59]
In 2018, 2019 and 2020 the Appeal Board has sent back permit applications to the Environmental Protection Agency under the Ministry of Environment Minister has stated that the future of aquaculture in Denmark is land-based,[65] but we are yet to see if the industry is willing and able to adhere to this vision
Summary
Directive 2008/56/ec of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive). The techniques considered as best are the ones most effective in achieving a high general level of protection of the environment as a whole, taking in to consideration the availability under economically and technically viable conditions Such requirements may – in sectors such as aquaculture that are not covered by the EU’s industrial emission directive[28] (ied) – vary considerably between, and even within, individual member states.[29] In general, national environmental regulation, in accordance with the prevention and source principles, requires an activity to take all required mitigation measures, including best available technique, before taking advantage of offsetting measures.[30] For countries. One or more environmental permits, limited in scope and time, are required to start and operate a production site, and approval is dependent on compliance with national and EU legislation
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