Article 4 › 7a

Member States will not be in breach of this Directive when any negative short-term impact on one or more quality elements of a body of water caused by a new project or a modification to an existing project in that body of water is no longer detectable after one year or, for biological quality elements, after a maximum of three years beyond initiation of the execution of the project, and all the following conditions are met: (a) the negative impact is not the result of direct discharges, emissions or losses of a pollutant; (b) the potential for the negative impact to occur is reliably assessed ex ante by a competent authority, and it is concluded that there would be no negative impact for the body of water concerned or any connected body of water after one year or, for biological quality elements, after a maximum of three years; (c) an ex post verification is carried out; (d) all practicable measures are taken to mitigate any negative impacts on the body and any connected bodies of water; and (e) a summary of the main activities carried out in accordance with this paragraph, the relevant ex post verification results, and the measures taken to mitigate negative impacts, is included in the river basin management plan required under Article 13.

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Source: EUR-Lex CELLAR · retrieved 2026-08-09