Antifouling for leisure boats in the Baltic Sea - Mapping the legal situation

Abstract

This report has been elaborated as part of the CHANGE research project (http://changeantifouling.com/) funded by the BONUS programme and national research funding institutions, in this case the Danish Social Science Research Council. The overall objective of the interdisciplinary CHANGE project is to reduce to a minimum the supply of toxic compounds from antifouling paints used on leisure boats in the Baltic Sea by changing antifouling practices on leisure boats into a sustainable consumption of antifouling products and techniques. As part of the CHANGE project a mapping of EU legislation as well as national legislation in Sweden, Finland and Denmark has been carried out. This report maps the Danish legal framework regarding antifouling paints on leisure boats as well as for the use of alternative techniques. The report starts with an introduction to the overall governance structure of the legislation and the relevant authorities. It then is divided into four areas of law relevant to antifouling paints and practices, including regulation of environmental quality, products, waste management and other environmental issues as well as contaminated land and sediments. Furthermore, the report in Annex I includes an analysis from an actors’ perspective. The report is based on legal-dogmatic research on applicable national legislation based on relevant sources of law as well as relevant reports, articles etc. Additionally, a few interviews have been conducted to get a better understanding of the legal framework in relation to antifouling products and practices. Danish legislation is accessible at the national database www.retsinformation.dk. The report was finalised in June 2015. As a consequence of the change in Government in Denmark in June 2015 the Ministry for the Environment was by 1st July 2015 merged with the Ministry of Food to a new Ministry of Environment & Food and the Nature Agency was foreseen to be split into two new agencies by 1st July 2016: a new Nature Agency and an Agency for Water and Nature Management. The Agency for Water and Nature Management takes over the tasks of the former Nature Agency as regards antifouling paints.