Regulating Antifouling Paints for Leisure Boats – A Patchwork of Rules Across Three Baltic Sea Countries

This article analyses how the use of antifouling paints for leisure boats is regulated in Denmark, Finland and Sweden. All three countries appear to apply a somewhat fragmented approach to the di erent ma ers related to antifouling paints, in- cluding environmental quality (e.g. water quality), chemical products (e.g. authorisations or restric- tions) and waste handling. The legislation relat- ed to antifouling paints and practices addresses a range of di erent actors and has varying legal im- plications on di erent regulatory levels. The most central actor as to the contamination by antifoul- ing substances is the boat owner using antifouling paints and the context in which this activity nor- mally occurs, i.e. the leisure boat marina or boat club. In the three jurisdictions analysed, environ- mental quality regulation appears unable to direct- ly oblige either the boat owner or the marina to take su cient measures and conduct. Environmental protection regulation, including waste legislation, generally excludes smaller leisure boat marinas and boat clubs from permi ing and waste man- agement requirements. In product regulation, the authorisation and/or restriction rules of antifoul- ing paints (biocides) function as sort of an ‘advance supervision’ of chemical safety requirements, e.g. based on leaching rates. But when it comes to actual application of paint on the boat hull, compliance with product instructions/limitations is generally not supervised – presumably due to a lack of re- sources. Furthermore, environmental requirements for the maintenance of boats are often based on lo- cal regulations. From a perspective of compliance and enforcement, further direct regulation of ma- rinas and boat owners on the basis of general en- vironmental protection law, may not constitute the ‘silver bullet’ to su cient environmental protec- tion. Another option could be to encourage private law arrangements and “self- enforcement” by e.g. the marinas or boat owner associations.