7.7. Methodologies exemptions

The WFD defines its Environmental Objectives in Article 4 and sets the aim for long-term sustainable water management. Article 4(1) defines the general objective of good status (or potential for AWBs and HMWBs) to be achieved in all surface water bodies by 2015, and introduces the principle of preventing any further deterioration of status.

A number of exemptions to the general objective are possible under certain conditions. Article 4(4) allows for an extension of the deadline beyond 2015, Article 4(5) allows for the achievement of less stringent objectives, Article 4(6) allows a temporary deterioration in the status of water bodies and Article 4(7) sets out conditions in which deterioration of status or failure to achieve certain of the WFD Environmental Objectives may be permitted for new modifications to the physical characteristics of surface water bodies, and deterioration from high to good status may be possible as a result of new sustainable human development activities.

The WFD provides the general framework on exemptions but there is scope for differences in understanding and implementation. From the outset of implementation, it was clear that the use of exemptions needed to be explained further and the rules for application had to be made clearer. These clarifications can be found in the CIS Guidance Document No. 20 on exemptions, which was developed over several years.

Class SWExemptions

1. Please include here any comments which apply to all the schema elements in this Class.
2. In addition to those general schema element level comments, we welcome your views on: a) whether you think this Class can be simplified;  and b) whether you think the linkages with other reporting Classes or Schemas can be improved, and how;

swExemption44Impact - Required.(SignificantImpactType_Enum )

Select the impacts from the enumeration list that are causing the application of exemptions under Article 4(4). More than one impact may be selected. If Article 4(4) exemption has not been applied report ‘NOTA - Not applicable’.

swExemption44Driver - Required.(Driver_Enum)

Select the drivers from the enumeration list that are causing the application of exemptions under Article 4(4). More than one driver may be selected. If Article 4(4) exemption has not been applied report ‘Exemption not applied’.

swExemption45Impact - Required.(SignificantImpactType_Enum)

Select the impacts from the enumeration list that are causing the application of exemptions under Article 4(5). More than one impact may be selected. If Article 4(5) exemption has not been applied report ‘NOTA - Not applicable.

swExemption45Driver - Required.(Driver_Enum)

Select the drivers from the enumeration list that are causing the application of exemptions under Article 4(5). More than one driver may be selected. If Article 4(5) exemption has not been applied report ‘Exemption not applied’.

swDisproportionateCost - Required.(YesNoCode_Enum)

Indicate if disproportionate costs have been used as a reason for applying exemptions under Article 4(4) or 4(5) for surface water bodies.       

swDisproportionateCostScale - Conditional.(GeographicalScale_Enum)

Select the scale at which the calculation of costs was carried out in order to assess disproportionality from the enumeration list.

swDisproportionateCostAnalysis - Conditional.(DisproportionateCostAnalysis_Enum)

Select the analysis tools from the enumeration list that were used in assessing disproportionate cost. More than one analysis tool may be selected.

swDisproportionateCostAlternativeFinancing - Conditional.(DisproportionateCostAlternativeFinancing_Enum)

Select the alternative financing options from the enumeration list that have been considered to overcome the costs being disproportionate. More than one financing option may be selected. 

swDisproportionateCostOtherEULegislation - Conditional.(YesNoCode_Enum)

Indicate whether the costs of basic measures listed in Article 11(3)(a) of the WFD have been explicitly excluded from the assessment of disproportionate cost.

swTechnicalInfeasibility - Required.(TechnicalInfeasibility_Enum)

Report how ‘technical infeasibility’ has been interpreted in the context of application of exemptions for surface water bodies.

swNaturalConditions - Required.(SWNaturalConditions_Enum)

Report the elements considered when determining that natural conditions require an exemption under Article 4(4) or 4(5).

swExemption46 - Required.(Exemption46_Enum)

Indicate whether Article 4(6) has been applied and, if so, for what reason.

swExemption47 - Required.(Exemption47_Enum)

Select the modifications from the enumeration list that have led to the application of the exemption under Article 4(7). More than one modification may be selected.

swExemptionsTransboundary - Required.(YesNoNotApplicable_Union_Enum)

Indicate whether the application of exemptions has been co-ordinated in a transboundary context. Report ‘Not applicable’ if the RBD is not international. 

swExemptionsReference - Required.(ReferenceType)

Provide references or hyperlinks to the relevant documents and sections where specific information on the application of exemptions in surface water bodies can be found. Guidance on what should be included in this document is provided in Section 7.7.3.3. 

driversSWExemptionsReference - Required.(ReferenceType)

Provide references or hyperlinks to the relevant documents and sections where information on the drivers behind exemptions for surface water bodies can be found. Guidance on what should be included in this document is provided in Section 7.7.3.3. 

Guidance on contents of RBMPs/background documents

(Please see the full text of this sub-section in the WFD Reporting Guidance 2016 or above chapter)

Include here any comments that relate to the information contained in this sub-section of the Reporting Guidance, namely concerning information you think could/should be reported electronically and information which you believe should not be included in the River Basin Management Plans or background documents.