Exemptions of the EU Water Framework Directive Deterioration Ban: Comparing Implementation Approaches in Lower Saxony and The Netherlands

The sustainable use of precious water resources requires effective management. In the European Union, management is mainly regulated by Water Framework Directive (2000/60/EC), introducing an integrated river basin approach. As a Union (EU) directive, legislation needs to be implemented in Member States, entailing not only legal transposition but also application and enforcement. One major instrument introduced environmental goal achievement obligation article 4 WFD, containing deterioration ban with several exemptions. We compare transposition, application, enforcement exemption permanent (art. (7) WFD) context regime Lower Saxony (Germany) Netherlands. study rests on comparative analysis literature, plans, jurisprudence. Although based same EU directive wording case law Court Justice, are rather differently. While predominantly understood as planning Netherlands, it became important permit requirement since Weser ruling Justice.