(3)

Article 4 is amended as follows: paragraph 1 is amended as follows: in point (a), points (i), (ii) and (iii) are replaced by the following: ; Member States shall implement the necessary measures to prevent deterioration of the status of all bodies of surface water, subject to the application of paragraphs 6 to 7b and without prejudice to paragraph 8; Member States shall protect, enhance and restore all bodies of surface water, subject to the application of point (iii) of this paragraph for artificial and heavily modified bodies of water, with the aim of achieving good surface water status at the latest 15 years after the date of entry into force of this Directive, in accordance with the provisions laid down in Annex V, subject to the application of extensions determined in accordance with paragraph 4 and to the application of paragraphs 5 to 7b without prejudice to paragraph 8; Member States shall protect and enhance all artificial and heavily modified bodies of water, with the aim of achieving good ecological potential and good surface water chemical status at the latest 15 years from the date of entry into force of this Directive, in accordance with the provisions laid down in Annex V, subject to the application of extensions determined in accordance with paragraph 4 and to the application of paragraphs 5 to 7b without prejudice to paragraph 8;’ in point (b), points (i) and (ii), are replaced by the following: ; Member States shall implement the measures necessary to prevent or limit the input of pollutants into groundwater and to prevent the deterioration of the status of all bodies of groundwater, subject to the application of paragraphs 6 to 7b of this Article and without prejudice to paragraph 8 thereof and subject to the application of Article 11(3)(j); Member States shall protect, enhance and restore all bodies of groundwater and ensure a balance between abstraction and recharge of groundwater, with the aim of achieving good groundwater status at the latest 15 years after the date of entry into force of this Directive, in accordance with the provisions laid down in Annex V, subject to the application of extensions determined in accordance with paragraph 4 of this Article and to the application of paragraphs 5 to 7b thereof without prejudice to paragraph 8 of this Article and subject to the application of Article 11(3)(j);’ in point (b)(iii), the second subparagraph is replaced by the following: ‘Measures to achieve trend reversal shall be implemented in accordance with Article 17(2) of this Directive and Article 5 and Annex IV of Directive 2006/118/EC of the European Parliament and of the Council (*3), subject to the application of paragraphs 6 to 7b of this Article and without prejudice to paragraph 8 thereof. (*3) Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the prevention and control of groundwater pollution (OJ L 372, 27.12.2006, p. 19, ELI: http://data.europa.eu/eli/dir/2006/118/oj)’;" the following paragraphs are inserted: ‘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: For the purposes of carrying out the ex -post verification under point (c) of the first subparagraph, existing monitoring arrangements set up pursuant to Annex V may be used and, where necessary, they shall be supplemented by additional ad-hoc monitoring. 7b. Member States will not be in breach of this Directive when deterioration occurs in the status of a receiving body of surface water as a result of relocating, by human activity, water or sediment from the same or another body of surface water, or from a body of groundwater to the receiving body of surface water, without causing a net increase in pollutant load, and all the following conditions are met: ; the negative impact is not the result of direct discharges, emissions or losses of a pollutant; 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; an ex post verification is carried out; all practicable measures are taken to mitigate any negative impacts on the body and any connected bodies of water; and 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. all practicable steps, in particular the treatment of the water or sediment, if feasible, to minimise the transfer of pollutant load are taken to mitigate the adverse impact on the status of the bodies of water impacted by the relocation; the composition of the water or sediments to be relocated is established, and the relocation does not increase the overall risk to human health and the environment compared to the existing risk prior to the relocation; the receiving body of surface water is confirmed as already not being in good chemical status with respect to most of the pollutants relocated, and in particular with respect to the most persistent and bioaccumulative pollutants relocated, and the ecological status or potential of the receiving body of water is not expected to fall into a lower class as a result of the relocation of those pollutants; the relocation shall not result in an increase in the purification treatment required for the production of drinking water; within the receiving body of water, a zone where relocation is prohibited has been established around any abstraction point for water intended for human consumption; there are no significantly better environmental options for reasons of technical feasibility or disproportionate cost; the relocation is subject to prior regulation or authorisation; and a summary, including information related to points (a) to (g) of this paragraph and the reasons for the relocation, is included in the river basin management plan required under Article 13.’ paragraphs 8 and 9 are replaced by the following: ‘8. When applying paragraphs 3 to 7b, Member States shall ensure that the achievement of the objectives of this Directive in other bodies of water within the same river basin district is not thereby permanently excluded or compromised and that the application of those provisions is consistent with the implementation of other Union environmental legislation. 9. Member States shall take steps to ensure that the application of the new provisions, including the application of paragraphs 3 to 7b, guarantees at least the same level of protection as the existing Union legislation.’ ;

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Source: EUR-Lex (Cellar) · retrieved 2026-10-08 · Text as adopted (Official Journal); later amendments are not incorporated in this text.