1. Ongoing work on CIS Guidance Article 4.7
Meeting of the CIS Working Group on Groundwater
25-26 April 2017

2. WFD objectives (Art. 4.1) while
Goal is to achieve, by 2015, good status or potential of all waters concerned:
Surface waters: Good Chemical and Good Ecological status/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
Steady trend of improvement
but more is required.

3. WFD Exemptions (Art )
Extension of the deadline (achievement of good status/potential by 2021 or 2027, or beyond for natural conditions) – Art. 4.4
Achievement of less stringent objectives under certain conditions – Art. 4.5
Temporary deterioration of the status in case of natural causes or "force majeure“ – severe floods, prolonged droughts, accidents – Art. 4.6
New projects/modifications to the physical characteristics of a surface water body or alterations to the level of bodies of groundwater, or failure to prevent status deterioration of a body of surface water – Art. 4.7
Article 4.7 relevant for new modifications

4. 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:
all practicable steps are taken to mitigate the adverse impact on the status of the body of water;
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;
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
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.

5. CIS Work Program 2016-2018: Elaboration of CIS Guidance on WFD Article 4(7)
2008: CIS Guidance No. 20 on Environmental Objectives and Exemptions – includes also chapter on Art. 4(7)
Since then Member States gained valuable practical experience
Current CIS Work Programme : Request to develop specific Guidance on Art. 4(7)
Scope: Application of Art. 4(7) and interplay with other EU environmental directives, including
Habitats Directive
EIA and the SEA Directives
Floods Directive, MSFD, …
Application of Art. 4(7) also to be seen in the context of
Renewable Energies Directive
TEN-T and TEN-E
CEF, Rural Development Programmes, etc.

6. Ad-hoc Task Group Article 4(7)
Ad-hoc Task Group Hydromorphology

7. Elaboration of CIS Guidance on WFD Article 4(7)
Specific 4(7) Ad-hoc Task Group (ATG) established
Co-chaired by BE, FR, WWF and COM
Involvement of representatives from Member States and stakeholders
Objective: Guidance should be practical, provide useful information and technical advice, however
Cannot provide an exhaustive and detailed methodology for all potential cases
Steps taken:
A number of practical case studies collected
Key Issue Paper as input for Workshop elaborated
13-14 December 2016, Brussels: Workshop on Article 4(7)
February 2017: First draft of Guidance elaborated
First round of comments received

8. D R A F T
February 2017: First draft of CIS Guidance on Article 4(7)

9. What triggers an Art. 4.7 assessment?
New hydromorphological modification or
Alteration to the level of groundwater
New sustainable human development activity
Deterioration of status/potential or
Non-achievement of WFD objectives
MS required — unless a derogation is granted — to refuse authorisation where it may cause deterioration of water body status or jeopardise attainment of good status/potential
"Deterioration" at quality element level

10. Deterioration? Example surface water X X X X X X
Ex-ante evaluation whether planned project causes "deterioration“ and therefore triggering an Article 4(7) assessment
Status class
Inv.
Flora
Fish
Phys Chem
RBSP
Hymo
...
Global
High X
Good
Moderate
Poor
Bad
Yes! X
No!
Yes! X X
Yes! X X
Note: this is a simplified representation for illustration purposes. The columns Flora, Phys Chem, Hymo and RBSP are made of several parameters that are assessed individually. According to the CIS guidance on classification, Phys Chem and RBSP are only relevant from high to moderate and hymo from high to good.
Legend: Inv.: macroinvertebrates; Flora: aquatic flora; Phys Chem: Physico Chemical parameters;
Hymo: hydromorphological parameters; RBSP: river basin specific pollutants; Global: overall ecological status 10

11. Draft example groundwater
Deterioration?
Draft example groundwater

12. Draft example groundwater
Deterioration?
Draft example groundwater

13. Draft example groundwater
Deterioration?
Draft example groundwater

14. Requirements for authorisation WFD Article 4(7) (a) to (d)
Taking all practicable steps to mitigate adverse impacts
Reasons set out and explained in the RBMPs
Overriding public interest and/or benefits outweigh impacts
No significantly better environmental option which is technically feasible and not disproportionate costly

15.  Input and case studies from WG Groundwater experts welcomed!
Tentative next steps
Ongoing elaboration of draft 2 of CIS Guidance on Article 4(7)
Taking into account comments received
Integration of practical case studies
Discussion at relevant CIS WGs (Floods, ECOSTAT, Groundwater)
1-2 June 2017: Meeting of Ad-hoc Task Group on Article 4(7)
More detailed discussion and exchange on open issues
Step towards elaboration of draft 3 of the Guidance
Step-wise further elaboration during 2017
Tentative 2nd Meeting of Ad-hoc Task Group in autumn 2017
Finalisation envisaged by the end of 2017
 Input and case studies from WG Groundwater experts welcomed!

16. Thank you for your attention http://water. europa
Thank you for your attention Link to CIS Guidance Documents: Disclaimer: "The views expressed in this presentation may not in any circumstances be regarded as stating an official position of the European Commission."