Variations on the same theme: Environmental objectives of the Water Framework Directive in environmental permitting in the Nordic countries

• Author: Lasse Baaner,Helle Tegner Anker,Laura Leino,Sara Kymenvaara,Antti Belinskij
• Published date: 01 July 2019
• DOI: http://doi.org/10.1111/reel.12273
• Date: 01 July 2019

ORIGINAL ARTICLE

Variations on the same theme: Environmental objectives of

the Water Framework Directive in environmental permitting

in the Nordic countries

Sara Kymenvaara

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Lasse Baaner

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Helle Tegner Anker

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Laura Leino

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Antti Belinskij

Correspondence

Email: sara.kymenvaara@uef.fi The Court of Justice of the European Union's (CJEU) interpretations on the

normativity of the Water Framework Directive's (WFD) environmental objectives

and derogation for new, important activities clarified certain long‐standing dis-

cussions on these matters in the Nordic countries. The WFD's legal narrative

formally changed from a planning framework for gradual improvement of water

quality in the European Union to one of legally binding character for the envir-

onmental objectives. This simultaneously increased the interest for the circum-

stances under which a derogation from the environmental objectives is

applicable for certain new activities. Both of these matters are integrally con-

nected to the authorization of activities under national environmental permitting

legislation. This article explores how and to what extent the WFD'senviron-

mental objectives are given legal effect in national environmental permitting in

Sweden, Finland and Denmark. Although the Nordic countries have chosen dif-

ferent approaches when implementing the WFD, they have all largely kept

these legal frameworks separate; legislation establishing a system of river basin

management planning pursuant to the WFD on the one hand, and environmen-

tal permitting legislation on the other. The article points out certain crucial

questions on the reconciliation of these legal frameworks and the development

of national legislation as triggered by the CJEU case law. Regarding the provi-

sions implementing the possibility to derogate for new and important activities,

the article discusses certain lacking and flawed legal linkages between river

basin management planning and environmental permitting in the three coun-

tries.

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© 2019 John Wiley & Sons Ltd, 9600 Garsington Road, Oxford OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA.

DOI: 10.1111/reel.12273

RECIEL. 2019;28:197–209. wileyonlinelibrary.com/journal/reel

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