398
L. Paj˛ ak et al.
the application of derogations into the Water Law [13]. The amendment to the Water
Law also includes tools which enable the maintenance of water bodies and protected
areas in a non-deteriorated state. The introduction of the following provision states:
“the use of waters shall, without limitation, not result in the deterioration of the status
of waters and the ecosystems which depend on them, including without limitation
the provisions of the RBMP”. This is a very important provision in the context of the
possibility of implementing investment projects; among other things. It determines
the project owner’s ability to obtain a water permit.
20.2.2 Derogations
The obligation to achieve the objectives related to a body of water is not absolute.
In special cases, the WFD allows for derogations from these objectives. Such a
derogation may only be applied in exceptional circumstances and is subject to the
fulfilment of certain strictly defined conditions, which are set forth in Articles 4(4)
to 4(9) of the Directive.
The following types of derogations may be applied:
• The extension of the deadline for achieving the objective (derogation conditions
are set forth in Article 4(4));
• Establishing a less stringent objective (derogation conditions are set forth in
Article 4(5));
• Temporary deterioration in the status as a result of unforeseeable circumstances
(derogation conditions are set forth in Article 4(6));
• A failure to achieve the objective as a result of new sustainable human development
activities (derogation conditions are set forth in Article 4(7)).
The first two cases relate to a situation where the current state of a body of water
is below good, and it is not possible to improve it to a sufficient degree. In such
circumstances, the WFD allows for derogations but makes them subject to meeting
the conditions set forth in Articles 4(4) and 4(5). Further two cases concern situations
where the status deteriorates as a result of unforeseen circumstances which could not
have been prevented (e.g. drought) or as a result of new hydromorphological changes
introduced by human activity. The conditions for the application of the derogations
above are stipulated in Articles 4(6) and (7) of the WFD.
Article 4(4)WFD: „The deadlines established under paragraph 1 may be extended
for phased achievement of the objectives for bodies of water, provided that no further
deterioration occurs in the status of the affected body of water when allof the
following conditions are met:
(a) Member States determine that all necessary improvements in the status of bodies
of water cannot reasonably be achieved within the timescales set out in that
paragraph for at least one of the following reasons:
L. Paj˛ ak et al.
the application of derogations into the Water Law [13]. The amendment to the Water
Law also includes tools which enable the maintenance of water bodies and protected
areas in a non-deteriorated state. The introduction of the following provision states:
“the use of waters shall, without limitation, not result in the deterioration of the status
of waters and the ecosystems which depend on them, including without limitation
the provisions of the RBMP”. This is a very important provision in the context of the
possibility of implementing investment projects; among other things. It determines
the project owner’s ability to obtain a water permit.
20.2.2 Derogations
The obligation to achieve the objectives related to a body of water is not absolute.
In special cases, the WFD allows for derogations from these objectives. Such a
derogation may only be applied in exceptional circumstances and is subject to the
fulfilment of certain strictly defined conditions, which are set forth in Articles 4(4)
to 4(9) of the Directive.
The following types of derogations may be applied:
• The extension of the deadline for achieving the objective (derogation conditions
are set forth in Article 4(4));
• Establishing a less stringent objective (derogation conditions are set forth in
Article 4(5));
• Temporary deterioration in the status as a result of unforeseeable circumstances
(derogation conditions are set forth in Article 4(6));
• A failure to achieve the objective as a result of new sustainable human development
activities (derogation conditions are set forth in Article 4(7)).
The first two cases relate to a situation where the current state of a body of water
is below good, and it is not possible to improve it to a sufficient degree. In such
circumstances, the WFD allows for derogations but makes them subject to meeting
the conditions set forth in Articles 4(4) and 4(5). Further two cases concern situations
where the status deteriorates as a result of unforeseen circumstances which could not
have been prevented (e.g. drought) or as a result of new hydromorphological changes
introduced by human activity. The conditions for the application of the derogations
above are stipulated in Articles 4(6) and (7) of the WFD.
Article 4(4)WFD: „The deadlines established under paragraph 1 may be extended
for phased achievement of the objectives for bodies of water, provided that no further
deterioration occurs in the status of the affected body of water when allof the
following conditions are met:
(a) Member States determine that all necessary improvements in the status of bodies
of water cannot reasonably be achieved within the timescales set out in that
paragraph for at least one of the following reasons: