Vesivarojen käytön kustannusten kattaminen EU:n ja Suomen oikeudessa
Avainsanat:
ympäristöoikeus, vesioikeus, vesien käyttö, vesiensuojelu, taloudellinen ohjausAbstrakti
Recovery of costs for water use in EU and Finnish law
The article concerns the recovery of costs for water use according to Article 9 of the EU Water Framework Directive (2000/60/EC, WFD), looking at the costs of water uses that need to be covered, the possibilities for exemptions from water pricing policies and the methods of cost recovery. The recent judgment C-525/12 Commission v Germany of the Court of Justice of the EU is taken into account in the analysis.
The author presents two main arguments. First, the sphere of water services meant in Article 2.38 WFD extends to all significant water uses. Therefore also the recovery of costs for water services (Article 9 WFD) should have a wide range of application. Second, there is a lot of room to exempt water uses from water pricing policies – in accordance with Article 9.4 WFD – as long as the purpose of the WFD is not compromised and if its objectives are achieved.
From the Finnish perspective, these arguments do not require immediate amendment of national laws. However, at the very least, it must be noted in Finnish river basin management plans (Article 13 WFD) why certain water uses are not subject to a water resource charge. Depending on the achievement of the environmental objectives of the WFD, it is also possible that Finland will have to consider the introduction of a water resource charge in the national legislation.
