and thus to adapt the objectives for the affected water bodies in the process of the
cyclical review and updating of river basin management plans. Where achieving the
water quality objectives would require unproportional efforts, restrictive exemptions allow the objectives to be set aside (cf. Art. 4 para. 5, 6, 7 WFD) (Reese 2011,
p. 67, 73 et seq.). The objectives and exemptions stipulated in Art. 4 and Annex II
WFD are legally implemented in all of the central European countries compared
(Austria: Sec. 30a to 30f Act on Water Law, Quality Regulations on Ecology and on
Chemistry of Surface Waters and on Chemistry of Groundwater, Germany:
Sec. 27–30, 44 and 47 Federal Water Act, Sec. 5, 6 Federal Ordinance on Surface
Water, Sec. 4–11 Federal Ordinance on Ground Water, Hungary: Sec. 5, 6 (definition of ecological objectives), Sec. 7–10 (exemptions) Governmental Decree
221/2004, Italy: Art. 76 et seq. Legislative Decree No. 152/2006, Poland: Art.
38, 38a and 114a Water Act, Decree on the classification of the ecological status,
ecological potential and the chemical status of the uniform parts of surface
waters,
39 Romania: Art. 2 WL, Slovenia: Art. 2, Art. 7 No. 24–26, Art. 55 (2),
Art. 56, Art. 62 et seq. Water Act). If there is strong evidence showing that the
situation changes significantly at sites where there is little impact, reference conditions can be revised or exemptions can be applied. To avoid misuse, however, it is
necessary to underpin such decisions with clear monitoring evidence: modelled
assumptions of future climate alone are not sufficient (EC 2009, p. 58). Last but not
least, particular emphasis should be placed on ensuring that the programmes of
measures (PoMs) are adaptive to future climate conditions. Therefore, a “climate
check” of the PoMs should be carried out with the aim to enhance the robustness of
the measures against changing climate conditions, especially as far as cost intensive
and long life-time measures are concerned. Measurement planning is stipulated in
all the countries of Central Europe included in the comparison, leaving the administrations wide discretion for selecting the measures (Austria: Sec. 55f, 55g Act on
Water Law, Germany: Sec. 82 Federal Water Act, Hungary: Sec. 18 Governmental
Decree 221/2004, Italy: Art. 116 et seq. Legislative Decree No. 152/2006, Poland:
Art. 113a and 119 Water Act, Romania: Art. 43(1
8, 9 ) WL, Slovenia: Art. 57 Water
Act). From the perspective of climate adaptation, measures should be favoured that
are robust and flexible in the context of uncertainty and that cater for the range of
potential variation related to future climate conditions (“no regret”). Furthermore,
sustainable measures, especially those with cross-sectoral benefits (“win-win”) and
which have the least environmental impact (incl. green house gas emissions),
should be selected (EC 2009, p. 63 et seq.).
39 Rozporza ˛dzenie Ministra S ´ rodowiska z dnia 9 listopada 2011 r. w sprawie klasyfikacji stanu
ekologicznego, potencjału ekologicznego i stanu chemicznego jednolitych cze ˛s ´ci wo ´d powierzchniowych; Dziennik Ustaw Nr 258, Poz. 1549.
9 Legal Aspects of Climate Change Adaptation
151
cyclical review and updating of river basin management plans. Where achieving the
water quality objectives would require unproportional efforts, restrictive exemptions allow the objectives to be set aside (cf. Art. 4 para. 5, 6, 7 WFD) (Reese 2011,
p. 67, 73 et seq.). The objectives and exemptions stipulated in Art. 4 and Annex II
WFD are legally implemented in all of the central European countries compared
(Austria: Sec. 30a to 30f Act on Water Law, Quality Regulations on Ecology and on
Chemistry of Surface Waters and on Chemistry of Groundwater, Germany:
Sec. 27–30, 44 and 47 Federal Water Act, Sec. 5, 6 Federal Ordinance on Surface
Water, Sec. 4–11 Federal Ordinance on Ground Water, Hungary: Sec. 5, 6 (definition of ecological objectives), Sec. 7–10 (exemptions) Governmental Decree
221/2004, Italy: Art. 76 et seq. Legislative Decree No. 152/2006, Poland: Art.
38, 38a and 114a Water Act, Decree on the classification of the ecological status,
ecological potential and the chemical status of the uniform parts of surface
waters,
39 Romania: Art. 2 WL, Slovenia: Art. 2, Art. 7 No. 24–26, Art. 55 (2),
Art. 56, Art. 62 et seq. Water Act). If there is strong evidence showing that the
situation changes significantly at sites where there is little impact, reference conditions can be revised or exemptions can be applied. To avoid misuse, however, it is
necessary to underpin such decisions with clear monitoring evidence: modelled
assumptions of future climate alone are not sufficient (EC 2009, p. 58). Last but not
least, particular emphasis should be placed on ensuring that the programmes of
measures (PoMs) are adaptive to future climate conditions. Therefore, a “climate
check” of the PoMs should be carried out with the aim to enhance the robustness of
the measures against changing climate conditions, especially as far as cost intensive
and long life-time measures are concerned. Measurement planning is stipulated in
all the countries of Central Europe included in the comparison, leaving the administrations wide discretion for selecting the measures (Austria: Sec. 55f, 55g Act on
Water Law, Germany: Sec. 82 Federal Water Act, Hungary: Sec. 18 Governmental
Decree 221/2004, Italy: Art. 116 et seq. Legislative Decree No. 152/2006, Poland:
Art. 113a and 119 Water Act, Romania: Art. 43(1
8, 9 ) WL, Slovenia: Art. 57 Water
Act). From the perspective of climate adaptation, measures should be favoured that
are robust and flexible in the context of uncertainty and that cater for the range of
potential variation related to future climate conditions (“no regret”). Furthermore,
sustainable measures, especially those with cross-sectoral benefits (“win-win”) and
which have the least environmental impact (incl. green house gas emissions),
should be selected (EC 2009, p. 63 et seq.).
39 Rozporza ˛dzenie Ministra S ´ rodowiska z dnia 9 listopada 2011 r. w sprawie klasyfikacji stanu
ekologicznego, potencjału ekologicznego i stanu chemicznego jednolitych cze ˛s ´ci wo ´d powierzchniowych; Dziennik Ustaw Nr 258, Poz. 1549.
9 Legal Aspects of Climate Change Adaptation
151