Съдебна практика

At July 1st, the European Court of Justice issued important rule for interpretation of Water Framework Directive:

 

Infrastructure projects (eg new dams or navigation channels) affecting water bodies should not be allowed to go ahead if they deteriorate water status: Article 4(1)(a)(i) to (iii) of Directive 2000/60/EC [the Water Framework Directive] must be interpreted as meaning that the Member States are required — unless a derogation from Art 4(7) is granted — to refuse authorisation for an individual project where it may cause a deterioration of the status of a body of surface water or where it jeopardises the attainment of good surface water status or of good ecological potential and good surface water chemical status by the date laid down by the directive. In practice it means ECJ confirm again, there is obligation to apply, to all investments affecting waters, the procedure of "assessment of the influence of the water ecological status" (may be part of EIA) and to refuse authorisation if there will be negative impact, unless overriding aspects of public interests exists and  there are no better alternatives (similairly, with small detail differences, as we know in Natura 2000).

 

Forbidden "deterioration of water status" is not only the decreasing the assessement of water status in general, but each decreasing of an assessment at least single quality elements (for example fish): The concept of 'deterioration of the status' of a body of surface water in Article 4(1)(a)(i) of Directive 2000/60 must be interpreted as meaning that there is deterioration as soon as the status of at least one of the quality elements, within the meaning of Annex V to the directive, falls by one class, even if that fall does not result in a fall in classification of the body of surface water as a whole. However, if the quality element concerned, within the meaning of that annex, is already in the lowest class, any deterioration of that element constitutes a 'deterioration of the status' of a body of surface water, within the meaning of Article 4(1)(a)(i)

 

Full rule at www.curia.eu – case C‑461/13

 

This is important rule for using Water Framework Directive for rivers conservation.

 

http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d2dc30dd2e3f9b8c6287497abfe9f6f61c6198b7.e34KaxiLc3qMb40Rch0SaxuQbh10?text=&docid=165446&pageIndex=0&doclang=bg&mode=lst&dir=&occ=first&part=1&cid=96148