Finnish Energy supports the objectives of the Water Framework Directive (WFD) and underlines its important role in the protection of Europe’s waters. Nevertheless, Finnish Energy considers the targeted review of the WFD to be an important measure to ensure the WFD remains fit for purpose in a changing operating environment.
It is essential that the WFD does not unnecessarily hinder new investment opportunities or adversely affect existing projects that are needed for the achievement of the EU’s policy objectives. At the same time, due regard must be given to safeguard the environmental objectives of the WFD.
From the energy system perspective, hydropower and pumped-storage hydropower play an important role in enhancing energy system flexibility, providing low-carbon storage, contributing to flood management, and supporting crisis preparedness through, e.g., their superior black start capabilities. Nuclear power supplies reliable, low‑carbon baseload electricity strengthening security of supply. They both complement variable renewable generation and help reduce reliance on fossil fuels in meeting climate targets.
Ensure broad applicability and more clarity for investments
Reliable low-carbon electricity is a strategic prerequisite for the EU’s competitiveness, security of supply and climate neutrality. Finnish Energy underlines that the targeted review of the WFD should assess impacts and needs across different sectors and not be limited only to Critical Raw Materials (CRM) projects. It is important to ensure that possible legislative amendments are broadly applicable, and that the review supports European industry’s decarbonisation as well.
The current interpretation of the Water Framework Directive has led to permitting challenges, legal uncertainty, and infringement procedures against Member States. At the same time, ecological status is increasingly influenced by climate change and other external factors, making it difficult to directly attribute environmental impacts to specific activities. To protect the investment climate and ensure security of supply it is vital to make exemptions clearer and more flexible to use. At the same time regulatory fragmentation should be avoided and still maintain the environmental goals.
Enhance flexibility in Water Framework Directive
For the targeted review it is necessary to revise especially the scope and application of Article 4(7) in order to make it a practical and predictable instrument for all kinds of sustainable investments. Finnish Energy proposes the following amendments to the Water Framework Directive based on an overall assessment regarding several business or energy generation technologies.
- The current exemption in article 4(7) should be amended to reflect better the current challenges and allow broader use of flexibilities
- Firstly, the exemption should allow impacts arising from pollution (paragraph 1). In its current wording, article 4(7) allows exemptions only resulted from new modifications to the physical characteristics of a surface water body or alterations to the level of bodies of groundwater. Secondly, the exemption should not be limited to only deterioration from high status to good status in case of new sustainable human development activities (paragraph 2). Sustainable development activities should be more broadly possible.
- To the condition c) climate change mitigation and security of supply should be added to as grounds for exemption. And to reduce unnecessary administrative burden, condition d) should be deleted, as other options are already assessed for example in the environmental impact assessment.
- The extensions in art. 4(4) should not be limited to a maximum of two further updates of the river basin management plan, but a realistic extension of the deadline should be considered.
- The new article 4(7a) should allow more flexibility to temporary deterioration timelines. The current wording has very limited practical relevance for many projects.
- For Article 11(3) it should be clarified that the Directive’s obligation for periodic reviews of controls included in the programme of measures does not require the MS to conduct periodic reviews of each individual permit, but to the systems used to control water abstraction such as registers, licensing regulations etc. Periodic reviews of individual permits would put heavy burden on relevant authorities and are not in line with EU’s goals of streamlining the permitting
Finnish Energy emphasises that the proposed amendments are not intended to undermine the protection of water bodies. Rather, they aim to contribute to better alignment between environmental objectives and other EU policy goals, while supporting a level playing field across different actors and Member States. A carefully designed and targeted review has the potential to enhance the overall effectiveness of the Directive.
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