1. 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

2. Exemption under article 4.7
Session 2b
Exemption under article 4.7

3. 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, April 2008
Focus case studies on application
Dis-proportionality and affordability
Guidance document on exemptions towards end of the year

4. 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

5. 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 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

6. 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

7. 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