(b)

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.’

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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.