The Førdefjord case: The parties disagree about statements from Esa and the European Commission

The Borgarting Court of Appeal has asked the EFTA Court for an advisory opinion ahead of the appeal hearing of the case. In this connection, Esa and the European Commission have issued their statements.

The plaintiffs Naturvernforbundet and Natur og Ungdom believe the statements support their view on the interpretation of the EU’s water directive, which states that it is forbidden to pollute water resources such as fjords, water and rivers, except where strict requirements are set.

However, the government attorney, who is handling the case for the Ministry of Climate and the Environment, disagrees with the two bodies giving such clear statements in support of certain views.

According to the environmental protection organisations, they are supported by the fact that neither consideration of private profit, tax income nor employees’ income falls under the requirements of the Water Directive. This is stated by the Nature Conservancy in a press release.

Community interest

“Otherwise (…) any profitable activity could be classified as being of overriding public interest, which would seriously undermine the water directive. The interests that justify an exception must therefore, according to Esa, be directly beneficial to the public,” says Esa’s statement on 16 July.

– Both the European Commission and Esa support our interpretation of the regulations. It substantiates our claim that the permits for mining with dumping of mine waste in the Førdefjorden are invalid, says Gytis Blaževičius, head of Nature and Youth.

Disagree

The government attorney does not share the view that Esa or the Commission make such clear statements in support of certain views, lawyers Henrik Vaaler and Karen Mellingen tell NTB.

– Their considerations regarding the interpretation of the EU/EEA regulations also allow for social and economic considerations to justify exceptions to the prohibition of deterioration in the water directive, the two say in a statement.

At the same time, the lawyers stress that this is input to the EFTA Court, which will issue its advisory opinion to the Borgarting Court of Appeal this autumn.

Mining waste

Nordic Mining, which plans to mine in the area, has received permission from the state to deposit 170 million tonnes of mining waste in the fjord in Førdefjorden in Vestland county.

In January, the Nature Conservancy and the Nature and Youth Association lost the lawsuit against the state regarding mining with a sea dump. It appealed the judgment with a request that the case be submitted to the supranational EFTA court.

Because Norway is not an EU member, the EFTA Court will not make a judgment, but give an advisory opinion.