Environmental Engineering Reference
In-Depth Information
measures necessary to ensure that the overall coherence of Natura 2000 is protected
and shall inform the Commission of the compensatory measures adopted (Art. 6
para. 4 sent. 1 and 2 HD).
2.3.1.1 Exemptions from the Good Water Status
If, vice versa, the prerequisites of Art. 6 para. 4 HD are not ful
lled, e.g. because
there is no overriding public interest for deteriorating the Natura 2000 site to
achieve the good water status, this may imply the omission of necessary river
improvement measures for the achievement of the good (ecological) water status.
The resulting failure to reach good water status may be justi
ed by the deviating
objective of the good ecological potential in accordance with Art. 4 para. 1 c) and
para. 3 WFD or by exemptions in accordance with Art. 4 para. 4 to 7 WFD.
The achievement of the good ecological potential instead of the good ecological
status (cf. Art. 4 para. 1 c) WFD) might be justi
ed if the concerned water body
could be classi
cial water body (for natural water
bodies the objective of the ecological potential is not applicable). The good eco-
logical potential is achieved if the values of the relevant biological quality elements
of the river, for instance, re
ed as heavily modi
ed or arti
ect, as far as possible, those associated with the closest
comparable surface water body type, given the physical conditions which result
from the arti
fl
cial or heavily modi
ed characteristics of the water body (1.2.5.
Annex V WFD). The classi
cial is possible if the
changes to the hydromorphological characteristics of the concerned water body
being necessary for achieving the good ecological status would have signi
cation as heavily modi
ed or arti
cant
adverse effects on the wider environment (cf. Art. 4 para. 3 a) (i) WFD), which may
include also the deterioration of the ecological status of Natura 2000 sites. How-
ever, the Member States have to substantiate that the bene
cial objectives for nature
conservation served by the arti
ed characteristics of the water body
cannot, for reasons of technical feasibility or disproportionate costs, reasonably be
achieved by other means, which are a signi
cial or modi
cantly better environmental option
(Art. 4 para. 3 b) WFD). The designation as arti
cial or heavily modi
ed and the
reasons for it shall be speci
cally mentioned in the river basin management plans
required under Art. 13 WFD and reviewed every 6 years.
If the omission of necessary hydromorphological restoration measures due to the
protection of Natura 2000 sites impedes the achievement of the good water status in
other water bodies than those which have been classi
ed as heavily modi
ed or
arti
ed by the exemptions desig-
nated in Art. 4 para. 4 and 5 WFD. Insofar, Art. 4 para. 4 WFD allowing extending
the deadline for achieving the good status (i.e. 2015) under some preconditions by a
maximum of 12 years seems to be less relevant, as the Natura 2000 sites have to be
protected permanently, not only until 2027. In contrast, Art. 4 para. 5 WFD gives the
opportunity to achieve less stringent environmental objectives beyond 2027 when
they are affected by human activities, or their natural condition is such way that the
achievement of these objectives would be infeasible or disproportionately expensive.
cial water bodies, this failure might also be justi
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