Introduction to the workshop

Exemptions under Article 4(7) of the Water Framework Directive (WFD)

Common Implementation Strategy Workshop

13-14 December 2016, Brussels

Raimund MAIR, European Commission, DG ENV

WFD objectives (Article 4.1)

Goal is to achieve, by 2015, good status or potential of all waters concerned:

• Surface waters: Good Chemical and Good Ecologicalstatus/potential

• Groundwater: Good Chemical and Good Quantitative status

– while

Preventing deterioration of water status/potential,

…to protect human health,

water supply, natural ecosystems and biodiversity

“No-deterioration principle” is one of the key provisions of the

Water Framework Directive.

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Exemptions from the WFD objectives

• Outlining conditions under which the achievement of good status / potential may be phased or not achieved, or

• Under which deterioration may be allowed.

• In summary:

Article 4(4) allows an extension of the time limit so that good status or potential is, under certain conditions, achieved only after 2015;

Article 4(5) allows the achievement of less stringent objectives under certain conditions;

Article 4(6) allows the temporary deterioration of status in case of natural causes or "force majeur";

Article 4(7) allows for deterioration of status or non-achievement of good status or potential under certain distinct conditions.

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WFD Article 4.7

Member States will not be in breach of this Directive when:

• failure to achieve good groundwater status, good ecological status or, where relevant, good ecological potential or to prevent deterioration in the status of a body of surface water or groundwater is the result of new modifications to the physical characteristics of a surface water body or alterations to the level of bodies of groundwater, or

• failure to prevent deterioration from high status to good status of a body of surface water is the result of new sustainable human development activities

and all the following conditions are met:

a) All practicable steps are taken to mitigate the adverse impact on the status of the body of water;

b) The reasons for those modifications or alterations are specifically set out and explained in the river basin management plan required under Article 13 and the objectives are reviewed every six years;

c) The reasons for those modifications or alterations are of overriding public interest and/or the benefits to the environment and to society of achieving the objectives set out in paragraph 1 are outweighed by the benefits of the new modifications or alterations to human health, to the maintenance of human safety or to sustainable development, and

d) The beneficial objectives served by those modifications or alterations of the water body cannot for reasons of technical feasibility or disproportionate cost be achieved by other means, which are a significantly better environmental option.

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Common Implementation Strategy (CIS)

• EU Member States (MS), EFTA countries, Observers and the Commission

• Addressing challenges in co-operative and coordinated waysince 2001

• CIRCABC - the Information Exchange Platform

• CIS Guidance Documents

https://circabc.europa.eu/5

Article 4(7) and relevant CIS activities

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CIS Guidance Document No. 20

• Endorsed by Water Directors 2008

• Published 2009

• Addresses exemptions according to Article 4(4), 4(5), 4(6) and 4(7)

• Provides clarification on a number of issues also on Art. 4(7) Scope

Practicable steps to mitigate impacts

Overriding public interest

Benefits modification VS environment

Designation HMWB

Reporting in the RBMPs and PP

etc.7

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New Ad-hoc Task Group on Article 4.7

• Co-chaired by FR, BE (Flanders), WWF, COM

• Mandate to elaborate CIS Guidance specifically on Article 4.7

Guidance on practical application of Article 4.7

Interplay with other EU Env. Directives (BHD, EIA, SEA, FD, MSFD)

Context of implementation of other EU or international policies and funding mechanisms (e.g. Renewable Energy Directive, TEN-E, TEN-T, CEF, Rural Development Programmes, etc.)

EU REFIT Better Regulation initiative

• ToR: https://circabc.europa.eu/w/browse/dcd30cb0-795f-4228-91c1-3ff0fb0ed7e7

• First workshop on 13-14 December 2016 (Brussels) – TODAY!

• Key Issue Paper elaborated as input for discussions

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Key Issue Paper

Aims of the Key Issue Paper:

• Provide background information and introduce the topic

• Facilitate identification of issues which require discussion

• Show practical examples

• Help with identification of possible next steps

• Serve as a starting point for elaboration of first draft of a Guidance Document on Art. 4(7)

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Key Issue Paper

Contents:

1. Introduction

2. Policy context relevant for Art. 4(7)

3. Scope and conditions triggering Art. 4(7)

4. Conditions for granting an exemption under Art. 4(7)

5. Links with other Directives

6. Conclusions and results from the workshop – Link to presentations

Annex: List of submitted case studies

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Case Studies

• Provided by CIS representatives (MS, EFTA Countries, Observers)

• Request broadly formulated (not necessarily good or best practice examples, …)

• Useful input for elaboration of Key Issue Paper

• Inspiration for questions planned to be addressed during workshop

• Referenced in Key Issue Paper and online available on CIRCABC

https://circabc.europa.eu/w/browse/58e39168-801e-4105-ba69-186a3ff1a704

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Aims of the workshop

• Exchange practical experiences with the application of different requirements under Article 4(7)

• Exploration of links with other Directives

• Gain clarification on existing common understanding

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• Identification of remaining ambiguity, open issues and challenges with practical application

• Receive input towards elaboration of a first draft of a Guidance Document on Article 4(7) in 2017

Managing expectations

What the workshop cannot deliver

• Solve all the open questions participants might have

• Provide detailed instructions to be followed in relation to Article 4(7)

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What the workshop can deliver• Refresh our memories!

• Allow for an exchange of practical experiences

• Serve as a starting point for the discussions towards the elaboration of a Guidance Document during 2017

Starting point of a process…

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Agenda Day 1Morning session

Agenda Day 1Morning session

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Agenda Day 1Afternoon session

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Agenda Day 1Afternoon session

Moderators Rapporteur Room Colour

Martina Mlinaric Raimund Mair Magistrat Red

Ina Comhaire Dagmar Kaljarikova Commission 1 Blue

Fanny Bontempt Thomas Dworak Magistrat Yellow

Jorge Rodriguez Eleftheria Kampa Commission 2 Green

Your respective Working Group

Questions for discussion…

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Agenda Day 2

Thank you for your attention!

QUESTIONS?

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