§5.3 Assessments under Article 4(7) of the Water Framework Directive, coordinated or integrated with the Article 6(3) procedure under the Habitats Directive

There are also strong links between the Water Framework Directive (WFD) and the Habitats Directive. They are both applicable, at least in part, to the same environment – that of aquatic ecosystems and terrestrial ecosystems and wetlands directly dependent on them. They also have broadly similar ambitions in that they aim to ensure the non-deterioration of aquatic ecosystems and to enhance their ecological condition. Where appropriate, they should therefore be implemented in a coordinated way to ensure that they operate in an integrated manner (52). Like the Habitats Directive, the WFD lays down specific provisions for assessing the effects of new developments on water bodies. Under Article 4(7) of the WFD, exemptions can be approved by the authorities for new modifications and sustainable human development activities that: (i) result in the deterioration of the status of the water body; or (ii) prevent the achievement of good ecological status or potential, or good groundwater status under certain conditions (53). Under Article 4(8) of the WFD, Member States are required – when applying Article 4(7) of the WFD – to ensure that the application is consistent with the implementation of other EU environmental legislation. In other words, if the project is granted a derogation under Article 4(7) of the WFD, it must still comply with Article 6(3) and (4) of the Habitats Directive, if applicable. If the development potentially affects both a WFD objective and a Natura 2000 site, then both the WFD Article 4(7) procedure and the assessment procedure under Article 6(3) of the Habitats Directive must be undertaken. Ideally, this should be done in a coordinated or integrated manner, as also recommended by the EIA Directive. Each assessment has a different focus: the former will assess if the project is likely to compromise the primary objectives of the WFD, while the latter will assess whether the project will adversely affect the integrity of a Natura 2000 site. However, this does not prevent certain aspects of the assessment being coordinated, e.g. through surveys and consultations. It should be stressed that if the WFD procedure may lead to a licence being granted, but the plan or project conflicts with Natura 2000 requirements, authorisation cannot be granted, except under Article 6(4) provisions. While the integration of appropriate assessment procedures with procedures under the EIA Directive is mandatory, for the WFD it is discretionary. Nonetheless, a number of Member States have already provided for, or are in the process of establishing, integrated procedures for cases where EIA, appropriate assessment and the WFD 4(7) assessment are all required. Streamlining these assessments is encouraged in EU guidance on the implementation of the WFD (54). The similarities between the WFD Article 4(7) assessment and those under the EIA and Habitats Directives mean that certain steps under the different procedures can be carried out together. This concerns particularly ‘screening’, ‘scoping’ and the necessary data collection. Such a streamlined approach can lead to significant cost and time savings, notably in relation to the data collection stage that can be jointly performed once the data requirements under each directive are clarified during the previous steps. Further synergies can be applied, for instance regarding the search for alternatives or mitigation measures. However, in all cases the distinct focus of the various tests under each directive needs to be fulfilled. If the conditions of one directive are fulfilled but not the other, then the authorities may not authorise the project because in such a case the project would still infringe EU legal provisions. Instead, it should be examined whether amendments can be made to the project so that it satisfies the requirements of all relevant directives. Figure 3 outlines similarities and differences across the key steps of assessments under WFD Article 4(7), the EIA and Articles 6 of the Habitats Directive. Source: CIS, 2017. Common Implementation Strategy for the Water Framework Directive and the Floods Directive. Guidance Document No 36. Exemptions to the Environmental Objectives according to Article 4(7).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07