The potential of the EU Water Framework Directive for reducing emissions of pollutants is limited: a case study on river basin specific pollutants in Swedish environmental permitting processes

Abstract

River basin specific pollutants (RBSPs) are supposedly a key tool to fulfil the EU’s Water Framework Directive (WFD) goal of good ecological status in all European waterbodies. The RBSPs provide a tool to manage chemical pollution identified as a national priority. An important question is if the costly management related to RBSPs leads to reduced emissions, an issue we investigated here using Sweden as a case. Swedish measures implemented under the WFD mainly rely on environmental permitting and supervision. We, therefore, specifically assessed how RBSPs have influenced permit proceedings in the Land and Environment Court of Appeal, where precedents for judgements in lower courts and authorities is established, during the 2010s. Despite permit-review being an important measure highlighted in the WFD and in Swedish programs of measures, all cases appealed to higher court were initiated by the operators/permit holders. The permissibility of environmentally hazardous activities was not impacted by RBSPs in any instance. Permit conditions addressing RBSPs were discussed in ⁓1% of all environmental cases, mainly resulting in conditions demanding further inquiries regarding emissions and concentrations of a limited number of RBSPs (i.e., metals and nitrogen in the forms of nitrate and ammonia). Open-ended conditions and delegation allowing for updating permit conditions if additional RBSPs are identified were suggested but rejected by court as these conflict with fundamental principles of precision and predictability of permit conditions stated in Swedish and European law. We conclude that RBSPs as management tool has little impact on emissions from activities requiring environmental permits and thereby water quality.