How cautious should we be? The role of the precautionary principle in the regulation of sewage sludge in Sweden

Abstract

Drawing a line between what constitutes a potentially hazardous waste and what is instead a possible resource is complicated. A case in point is the use of sewage sludge, whose use not least in agriculture, has long been subject of debate. In Sweden, the issue has been investigated for possible legislative changes four times in the past decades. The latest of these investigations propose to introduce either a total or a partial ban on agricultural use of sewage sludge. In this paper, the legality of these proposals is analyzed with particular focus on their compatibility with the precautionary principle and the EU principle of free movement of goods and services, using a traditional legal method. The analysis indicates that a partial ban may well be considered proportionate to the risks that the use entails for human health and the environment, whilst a total ban would likely be found in breach of EU law, despite the scope for Member States to take stricter measures than prescribed by secondary legislation.