Antifouling for leisure boats in the Baltic Sea. A review of the European Union chemicals and water legislation

Abstract

In this report, the EU legislation regulating antifouling measures for leisure boats in the Baltic Sea will be presented with particular focus on authorisation of antifouling biocides and on determining the extent of the Member States’ autonomy in other antifouling related matters. The report outlines the important provisions of applicable legislation in both the regulations concerning harmonization of the authorisation of chemicals and the directives targeting the environmental concerns of the water bodies in the Union. The Biocidal Products Regulation provides the basis for all biocidal products authorisation, including procedural provisions and requirements for approval of active substances and authorisation of biocidal products, while the Water Framework Directive and the Marine Strategy Framework Directive regulate the marine environment and provide specific environmental quality standards and measures that must be considered in the authorisation process. Provisions in both the Biocidal Products Regulation and the regulation in combination with the water policy directives provide the possibility to impose conditions or restrictions on antifouling biocides based on local environmental conditions, but the environmental concerns must be weighed against the objective of harmonization of the internal market. The particular sensitivity and unique environmental quality of the Baltic Sea constitutes aspects that can and must be taken into consideration in the authorisation process. The water quality directives put further antifouling related obligations on the Member States, which they may achieve through various regulations and actions determined at a national level.