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Paloniitty, Tiina --- "Does it take three to tango? The practitioner’s viewpoint to three EU governance instruments addressing the agricultural runoff dilemma" [2017] ELECD 1484; in Hollo, J. Erkki (ed), "Water Resource Management and the Law" (Edward Elgar Publishing, 2017) 346

Book Title: Water Resource Management and the Law

Editor(s): Hollo, J. Erkki

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785369827

Section: Chapter 14

Section Title: Does it take three to tango? The practitioner’s viewpoint to three EU governance instruments addressing the agricultural runoff dilemma

Author(s): Paloniitty, Tiina

Number of pages: 23

Abstract/Description:

The EU has had a multi-faceted approach in addressing agricultural runoff, specifically when relating to the eutrophication of the Baltic Sea. Here three EU policies and instruments - the Common Agricultural Policy (the ‘CAP’), the Water Framework Directive (the ‘WFD’) and the EU Strategy for the Baltic Sea Region (the ‘SBSR’) - are examined within the framework of the legal system of Finland with the aim of scrutinizing the practical, legal and normative ramifications of these governance tools. It is suggested that even when the SBSR has agricultural runoff as its ratio moderatio, its implications at the practical level are limited. The ‘post-Weserian’ normativity of the WFD ought to result in legally binding water quality standards for individual undertakings but the procedural question lingers: as long as the agricultural emissions are not within the scope of any environmental permitting procedure, implementing the norm may require further modifications of the administrative procedures. Keywords: Chapter 14 (Paloniitty): Water Framework Directive, agricultural runoff, Common Agricultural Policy (CAP), land-based water pollution, environmental permitting, greening agriculture.