Guidance on application of Article 4.7 CIS Hydromorphology activity Guidance on application of Article 4.7 26 – 27 February 2008, Manchester, UK Maria Brättemark Water Framework Directive Team Unit D.2 – Water and Marine DG Environment, European Commission

Exemption under article 4.7 Session 2b Exemption under article 4.7

Objectives & Exemptions Policy papers : Environmental objectives (2005) Application of article 4.7 (2006) Application of articles 4.4, 4.5 and 4.6 (2007 and …) Workshop on exemptions, Denmark, 10-11 April 2008 Focus case studies on application Dis-proportionality and affordability Guidance document on exemptions towards end of the year

Policy paper Scope of article 4.7 : What kind of alterations : New modification to the physical characteristics of surface waters or levels of Ground waters New sustainable human development activities What is considered a deterioration of water body ? Changes between classes, rather than within Does it apply to temporary effect ? Building phaser – see monitoring periods 4.6 other aspects Does it apply to small size project ? Projects of any size may fall under 4.7 Does it apply to plans and programmes ? Applies to any projects under a plan or programme Plans and programmes should give consideration to alternatives, practical steps to mitigate adverse impacts Role of SEA and EIA requirements

Policy paper Scope of article 4.7 (cont’d): How are the effects on water body’s status assessed ? When weighing benefits, take into consideration mitigation of effects EIA assessments can be used or specific water assessments Can art 4.7 be used be applied to all the WB affected by a new modifications ? Art 4.8 + discuss examples on how practically implement these provisions in the future Can art 4.7 be applied to protected area? Cannot be used as an exemption from fulfilling the legal requirements of other Directives

Policy paper Key concepts: What are “all practicable steps” taken to mitigate the adverse impact on the status pf the body of water ? Mitigation but not compensatory measures Technically feasible , do not lead to disproportionate costs, compatible with the new modifications What is “overriding public interest”? ? Fundamental values for citizens (health, safety, environment), fundamental policies for the state, activities of an economic or social nature, fulfilling specific public services Which benefits to consider? “Water costs” – negative benefits – Environmental objectives paper gives examples Monetisation ? Other means – significantly better environmental options ! Alternative locations, different scales or designs of development or alternative processes. Alternatives assessed in early stages

Policy paper Links RBMP: Baseline for 4.7 Reporting the use of art 4.7 in the RBMP and public consultations - shall be reported, - if inbetween planning period- encourage public involvement Art 4.7 and designation of HMWB? Not in anticipation, but next cycle, review