Good Ecological Potential – A Credible Objective for Water Management?

Abstract

It is notable that of the environmental objectives of the Water Framework Directive (wfd), good ecological potential has been given less attention. The Weser case has made it possible to establish a more detailed understanding of ‘ecological potential’. An analysis indicates that the main approach to implementing ‘ecological potential’, the non-wfd mitigation-measure approach, creates discontinuity among the environmental objectives, which the wfd reference method does not. Even if the mitigation-measure approach accommodates enhancements, bodies of water are still not classified in accordance with the wfd. If a body of water is incorrectly classified, both good ecological potential and the non-deterioration prohibition should not be binding, as the ‘ecological status’ has not been determined. Furthermore, two different and uncoordinated forms of ‘ecological potential’ establish diverging quality standards, and risk legal uncertainty and inconstancy among Member States.