1. Informal meeting of EU Water Directors
Discussion document on article 4.7
London
28-29 November 2005
Gilles Crosnier
European Commission, DG Environment
Unit D.2 – Water and Marine, WFD Team

2. Why this document ?
Logical follow-up of the paper on environmental objectives endorsed by the Water Directors in June 2005
Strong demands from many stakeholders and some MS for developing guidance on the use of exemptions mechanisms
Specific interests for “new modifications” exemptions mechanisms

3. Purpose of article 4.7
4§7 allows failure to achieve environmental objectives when it is the result of:
New modifications to the physical characteristics of a SWB or alterations to the level of GWB
New sustainable human development activities
Typical examples: new facilities for hydropower, navigation, flood defence, water abstraction or the settling of new industries in “high status” areas.

4. Use of article 4.7 – 4 Overall conditions
1) Assessing if the new modifications will lead to a failure in achieving the environmental objectives of a given WB
2) Passing a successful test for 4 technical and socio-economical criteria
3) Checking if that derogation does not compromise the achievement of the environmental objectives in other WB within the same RBD and is consistent with other EU environmental legislation (art 4§8)
4) Ensuring that at least the same level of protection due to existing Community legislation is guaranteed (art 4§9)

5. Use of article 4.7- 4 criteria
1) Overriding public interest and/or better environmental/ health/safety options
2) No possible alternatives (technical feasibility or disproportionate costs)
3) take all the practicable mitigation measures
4) Embedment in the RB management plan

6. Some key issues Links with SEA & EIA Directives
Notion of overriding public interest
Possible alternatives
Mitigation
Side-effects of the derogation (e.g. links with Natura 2000)
Content of the RB management plans

7. Open questions to the Water Directors
Should this initiative cover only article 4§7 or all exemptions cases?
Support and/or assistance to develop papers with the EC and the interested stakeholders? (proposition: use of the environmental objectives paper drafting group)

8. Other point for information
EC has committed itself for a cost-benefit assessment of WFD implementation by 2006 with the assistance of the MS
A specific study will be launched in MS will be requested for support in term of available reports or studies.