Preventing environmental damage
Environmental damage
Environmental damage means a sudden incident where an environmentally harmful substance is or could be released to the environment in such a way that it causes danger or harm to the environment or human health. Often this refers to an oil or chemical spill and its consequences in connection with accidents or other disruptions. Environmental damage may also occur over a longer period of time, such as when a harmful substance leaks slowly into the environment. Environmental damage may affect the soil, air, natural environment, surface waters and groundwater, and it may pose a risk to human health.
The Ministry of the Environment is responsible for preventing environmental damage from the perspective of environmental protection.
Combating oil and chemical spills
Oil and chemical spills are typical types of environmental damage. These comprise vessel oil and chemical spills in marine and coastal areas and inland waters and oil and chemical spills on land.
The Ministry of the Environment guides, monitors and develops oil spill recovery measures and the prevention of chemical spills and recovery measures for these that fall within its remit.
In the event of environmental damage, the Border Guard is responsible for the response during rescue operations under the Rescue Act in Finland’s territorial waters and exclusive economic zone. In coastal areas, the archipelago and inland waters and on land the rescue services of the relevant wellbeing services county are responsible for the response operations.
The municipalities, including various municipal authorities and institutions, are responsible for any necessary cleanup and recovery operations in their respective territories. The Finnish Supervisory Agency guides and coordinates the cleanup and recovery operations if these extend to the territories of several municipalities.
The Finnish Environment Institute and Finnish Supervisory Agency provide experts assistance for response to damages led by the Border Guard and rescue services of the of the wellbeing services county, and for oil-spill cleanup and recovery operations led by the municipality.
The Ministry of the Environment is drafting legislation on cooperation between coastal municipalities in organising cleanup and recovery operations in the event of large-scale vessel oil and chemical spills. The Government proposal is scheduled to be submitted to Parliament in September 2026.
Competence of authorities in seriously dangerous situations – section 182 a of Environmental Protection Act
Provisions on particular administrative enforcement in exceptional circumstances concerning seriously hazardous situations are laid down in section 182 a of the Environmental Protection Act. The Finnish Supervisory Agency may launch measures that are necessary to prevent or restrict environmental pollution that are not included in the rescue operations referred to in the Rescue Act. A condition for this is that the activities causing a risk of environmental pollution pose or threaten to pose a serious hazard or harm to health or the environment.
The authority takes such action if the administrative enforcement procedure under section 175 of the Environmental Protection Act cannot be applied due to lack of factual capacity of the party in charge of the activities or if the party in charge of the activities cannot be established without delay.
Where possible, the costs incurred from such measures are charged to the party responsible for the activities. The aim is to ensure that, in the event of a serious risk of environmental pollution, matters such as ambiguities with respect to responsibilities or insolvency do not prevent or slow down the necessary measures to prevent and restrict pollution.
Environmental Damage Fund
The Environmental Damage Fund is an off-budget entity. Compensations from the Fund are paid for costs incurred from preventing environmental pollution and restoring polluted environments and for damage caused when compensation cannot be claimed from the liable party.
Significant environmental damage – Environmental Liability Directive
The Environmental Liability Directive (2004/35/EC) lays down provisions on preventing and remedying significant environmental damage. In the Directive environmental damage means damage to protected species, natural habitats and water and land that has significant adverse effects. The threshold for significance with respect to each type of damage has been set very high. According to the Directive, land contamination, for example, is significant if it creates a significant risk of human health being adversely affected.
The Environmental Liability Directive has been implemented in Finland by several statutes. The competent authority is determined in accordance with the act applicable in each specific case. This means that the competent authority may be either the Finnish Supervisory Agency or the Board for Gene Technology.
So far, the provisions on preventing and remedying significant environmental damages under the Environmental Liability Directive have been applied in very few cases in Finland.
- Centre for Economic Development, Transport and the Environment (ELY) for Kainuu: Kainuu ELY Centre gave a decision on remedying the state of waters near Talvivaara, in Finnish
- Centre for Economic Development, Transport and the Environment for Southwest Finland: Nickel emission to the River Kokemäenjoki (the decision is not yet final), Decision on the case by the Supreme Administrative Court of 14 June 2022 (KHO:2022:71), in Finnish
- Centre for Economic Development, Transport and the Environment (ELY) for North Ostrobothnia: North Ostrobothnia ELY Centre is making preparations to close down the Hitura mine in Nivala, in Finnish
- Centre for Economic Development, Transport and the Environment (ELY Centre) for Kainuu: Rehabilitation of the damaged freshwater pearl mussel site in Suomussalmi, in Finnish
In spring 2021, the Commission issued Notice Guidelines concerning the term ‘environmental damage’ in the Environmental Liability Directive.
Inquiries
Laura Siili-Hakkarainen, Senior Officer for Legal Affairs
Ministry of the Environment, Department of Climate and Environmental Protection, Emissions and Environmental Risks Telephone:0295250411 Email Address: [email protected]
Mari-Linda Harju-Oksanen, Senior Officer for Legal Affairs
Ministry of the Environment, Department of Climate and Environmental Protection, Emissions and Environmental Risks Telephone:0295250554 Email Address: [email protected]
Environmental Liability Directive
Katariina Haavanlammi, Senior Ministerial Adviser, Legislative Affairs
Ministry of the Environment, Department of Climate and Environmental Protection, Emissions and Environmental Risks Telephone:0295250072 Email Address: [email protected]