20 Power Plant Open Cooling System in the Context of the Objectives …
399
(i) The scale of improvements required can only be achieved in phases
exceeding the timescale, for reasons of technical feasibility;
(ii) Completing the improvements within the timescale would be disproportionately expensive;
(iii) Natural conditions do not allow timely improvement in the status of the
body of water.
(b) Extension of the deadline, and the reasons for it are specifically set out and
explained in the river basin management plan required under Article 13.
(c) Extensions shall be limited to a maximum of two further updates of the river
basin management plan except in cases where the natural conditions are such
that the objectives cannot be achieved within this period.
(d) A summary of the measures required under Article 11 which are envisaged as
necessary to bring the bodies of water progressively to the required status by
the extended deadline, the reasons for any significant delay in making these
measures operational, and the expected timetable for their implementation are
set out in the river basin management plan. A review of the implementation of
these measures and a summary of any additional measures shall be included in
updates of the river basin management plan” [1].
The derogation provided for in Article 4(7) is a specific type of derogation, as it
does not directly concern bodies of water and the activities which may adversely
affect them, either by causing deterioration in their status or by preventing the
achievement of environmental objectives. According to Article 4(7):
|Member States will not be in breach of this Directive when:
• Failure to achieve good groundwater status, good ecological status or, where
relevant, good ecological potential or
• To prevent deterioration in the status of a body of surface water or groundwater is
the result of new modifications to the physical characteristics of a surface water
body or alterations to the level of bodies of groundwater, or
• Failure to prevent deterioration from high status to good status of a body of surface
water is the result of new sustainable human development activities and all the
following conditions are met:
(a) All practicable steps are taken to mitigate the adverse impact on the status of
the body of water (Article 4(7)(a) WFD);
(b) The reasons for those modifications or alterations are specifically set out and
explained in the river basin management plan, and the objectives are reviewed
every six years (Article 4(7)(b) WFD);
(c) The reasons for those modifications or alterations are of overriding public
interest and/or the benefits to the environment and to society of achieving environmental objectives are outweighed by the benefits of the new modifications or
alterations to human health, to the maintenance of human safety or to sustainable
development (Article 4(7)(c) WFD);
(d) The beneficial objectives served by those modifications or alterations of the
water body cannot for reasons of technical feasibility or disproportionate cost
399
(i) The scale of improvements required can only be achieved in phases
exceeding the timescale, for reasons of technical feasibility;
(ii) Completing the improvements within the timescale would be disproportionately expensive;
(iii) Natural conditions do not allow timely improvement in the status of the
body of water.
(b) Extension of the deadline, and the reasons for it are specifically set out and
explained in the river basin management plan required under Article 13.
(c) Extensions shall be limited to a maximum of two further updates of the river
basin management plan except in cases where the natural conditions are such
that the objectives cannot be achieved within this period.
(d) A summary of the measures required under Article 11 which are envisaged as
necessary to bring the bodies of water progressively to the required status by
the extended deadline, the reasons for any significant delay in making these
measures operational, and the expected timetable for their implementation are
set out in the river basin management plan. A review of the implementation of
these measures and a summary of any additional measures shall be included in
updates of the river basin management plan” [1].
The derogation provided for in Article 4(7) is a specific type of derogation, as it
does not directly concern bodies of water and the activities which may adversely
affect them, either by causing deterioration in their status or by preventing the
achievement of environmental objectives. According to Article 4(7):
|Member States will not be in breach of this Directive when:
• Failure to achieve good groundwater status, good ecological status or, where
relevant, good ecological potential or
• To prevent deterioration in the status of a body of surface water or groundwater is
the result of new modifications to the physical characteristics of a surface water
body or alterations to the level of bodies of groundwater, or
• Failure to prevent deterioration from high status to good status of a body of surface
water is the result of new sustainable human development activities and all the
following conditions are met:
(a) All practicable steps are taken to mitigate the adverse impact on the status of
the body of water (Article 4(7)(a) WFD);
(b) The reasons for those modifications or alterations are specifically set out and
explained in the river basin management plan, and the objectives are reviewed
every six years (Article 4(7)(b) WFD);
(c) The reasons for those modifications or alterations are of overriding public
interest and/or the benefits to the environment and to society of achieving environmental objectives are outweighed by the benefits of the new modifications or
alterations to human health, to the maintenance of human safety or to sustainable
development (Article 4(7)(c) WFD);
(d) The beneficial objectives served by those modifications or alterations of the
water body cannot for reasons of technical feasibility or disproportionate cost