404
L. Paj˛ ak et al.
(d) The beneficial objectives served by those modifications or alterations of the
water body cannot for reasons of technical feasibility or disproportionate cost
be achieved by other means, which are a significantly better environmental
option” [1].
In the course of the public consultation concerning the updated RBMP, it was
argued that the assessment of the fulfilment of conditions under Article 4(7) WFD
for the investment projects notified by entrepreneurs would be carried out on the
basis of the available data and the documentation provided by those entrepreneurs.
This analysis required answers to the following questions:
• Have all possible steps been taken to mitigate the adverse impact on the status of
the body of water; if so, what were they?;
• Have the reasons for these alterations or modifications been specifically set out
and explained in the river basin management plan?;
• Do the reasons for these alterations or modifications constitute an overriding
public interest and/or the environmental and social benefits resulting from
achieving water conservation objectives are outweighed by the benefits for human
health, maintaining human security or sustainable development resulting from the
alterations or modifications; if so, what are they?;
• Can the beneficial objectives served by these alterations or modifications of the
body of water not, because of technical feasibility or disproportionate costs, be
achieved by means of other measures which would be significantly more beneficial
from the point of view of the environment? If so, why?
Fulfilment of the condition contained in the question “have all possible steps
been taken to mitigate the adverse impact on the status of the body of water?” means
that measures have been planned to mitigate the negative impact on the condition of
the body of water in question both at the construction and operation stages of the
investment project in question. Also an assessment has been conducted whether these
measures will ensure its proper protection. These measures may include both design
solutions and the manner in which the works are carried out as well as covering the
operation stage. These measures should be technically feasible and should not result
in any disproportionate costs.
It was important fulfilment of the condition contained in the question “do the
reasons for these alterations or modifications constitute an overriding public interest
and/or the environmental and social benefits resulting from achieving water conservation objectives are outweighed by the benefits for human health, maintaining
human security or sustainable development resulting from the alterations or modifications?” This question means that the achievement of this objective is so important
that it outweighs the environmental benefits that would result if it were not achieved.
This condition was analysed from the point of view of a broadly understood society
rather than that of an individual or of a narrow group of entities with specific expectations. According to EC guidelines on exemptions from the achievement of environmental objectives, the concept of overriding public interest covers actions aimed
at protecting basic values related to the citizens’ lives (health, safety, environment),
L. Paj˛ ak et al.
(d) The beneficial objectives served by those modifications or alterations of the
water body cannot for reasons of technical feasibility or disproportionate cost
be achieved by other means, which are a significantly better environmental
option” [1].
In the course of the public consultation concerning the updated RBMP, it was
argued that the assessment of the fulfilment of conditions under Article 4(7) WFD
for the investment projects notified by entrepreneurs would be carried out on the
basis of the available data and the documentation provided by those entrepreneurs.
This analysis required answers to the following questions:
• Have all possible steps been taken to mitigate the adverse impact on the status of
the body of water; if so, what were they?;
• Have the reasons for these alterations or modifications been specifically set out
and explained in the river basin management plan?;
• Do the reasons for these alterations or modifications constitute an overriding
public interest and/or the environmental and social benefits resulting from
achieving water conservation objectives are outweighed by the benefits for human
health, maintaining human security or sustainable development resulting from the
alterations or modifications; if so, what are they?;
• Can the beneficial objectives served by these alterations or modifications of the
body of water not, because of technical feasibility or disproportionate costs, be
achieved by means of other measures which would be significantly more beneficial
from the point of view of the environment? If so, why?
Fulfilment of the condition contained in the question “have all possible steps
been taken to mitigate the adverse impact on the status of the body of water?” means
that measures have been planned to mitigate the negative impact on the condition of
the body of water in question both at the construction and operation stages of the
investment project in question. Also an assessment has been conducted whether these
measures will ensure its proper protection. These measures may include both design
solutions and the manner in which the works are carried out as well as covering the
operation stage. These measures should be technically feasible and should not result
in any disproportionate costs.
It was important fulfilment of the condition contained in the question “do the
reasons for these alterations or modifications constitute an overriding public interest
and/or the environmental and social benefits resulting from achieving water conservation objectives are outweighed by the benefits for human health, maintaining
human security or sustainable development resulting from the alterations or modifications?” This question means that the achievement of this objective is so important
that it outweighs the environmental benefits that would result if it were not achieved.
This condition was analysed from the point of view of a broadly understood society
rather than that of an individual or of a narrow group of entities with specific expectations. According to EC guidelines on exemptions from the achievement of environmental objectives, the concept of overriding public interest covers actions aimed
at protecting basic values related to the citizens’ lives (health, safety, environment),