CIS EG on Water Framework Directive and Agriculture Progress report Meeting of the SCG for the WFD CIS 7 November 2012 Elina NIKKOLA DG Environment – Unit D1 – Protection of Water Resources

Content Progress report on the CIS EG on WFD and Agriculture activities and thoughts for the future Discussion on the WFD and Cross Compliance

DG ENV I RBN

4 general objectives in the mandate: To have an overview on the implementation of the WFD in the agricultural sector To identify obstacles related to agricultural issues in the context of the WFD To address the identified obstacles by developing solutions To prepare the future by providing an input to the post 2013 CAP reform

Priorities identified: agricultural measures in RBMP water pricing in agriculture update of the catalogue of measures cost-effectiveness of the measures acceptance of the measures water saving options for agriculture combination between WFD & CAP next CAP reform water saving policy options & water saving culture climate change & agriculture Farm Advisory System & water Marine Strategy Framework Directive & agriculture

CIS meetings and other events on water and agriculture EG and RBN meetings in Seville in April 2010 EG and RBN meetings in Louvain-la-Neuve in September 2010 EG meeting in Brussels in April 2011 EG meeting in Warsaw in September 2011 RBN meeting in Saragossa in January 2012 EG meeting in Brussels in April 2012 EG and RBN meetings in Edinburgh in October 2012 Conference on water pricing & allocation in agriculture in Warsaw in Sep 2011 Conference on Application of EU Water-related Policies at Farm Level in Louvain-la-Neuve in September 2010 EG workshop on how to make WFD measures clear at farm level in April 2011

Key deliverables of the EG and the RBN Report on RBN previous phase (2007-2009) Direct contribution to the assessment of the agricultural measures in the draft river basin management plans (April 2010) EG handbook of ideas for administrations on how to integrate water issues in farm advisory services (April 2010) (translated in all EU languages) First EG keynote on post 2013 CAP and water protection in Europe (June 2010) Based on the first EG keynote, statement by the Water Directors (June 2010) After a dedicated conference, document on the application of EU Water-related Policies at Farm Level (September 2010) Second EG keynote on post 2013 CAP and water protection in Europe (October 2010) EG guidance for administrations on making WFD agricultural measures clear and transparent at farm level (May 2011) (translated in all EU languages) Direct contribution to the study on water pricing and water allocation policies in agriculture through a dedicated conference (September 2011) Preparation of a list of WFD provisions relevant for inclusion in cross compliance CIRCABC: https://circabc.europa.eu/w/browse/7f9e3057-580f-4a04-bf69-e5802fb82262

RBN BACKGROUND Mandate 2010-2012 “River Basins Network on Agriculture and WFD”, identified as a sub group of the EG. Endorsed by the Water Directors In May 2010 Invitation letter sent in end of June 2010 => 14 countries and 21 River Basins involved « The River Basin network shall support the Expert Group in its work by offering feed-back from the field and ensuring technical support. Moreover, the network’s results shall be disseminated to all other river basin managers, stakeholders and to the EG members. »

Tasks in the mandate: Evaluation of measures Measures selected for evaluation 1. Buffer strips 2. Establishment and preservation of wetlands 3. Reduce water abstraction 4. Reduce fertilization 5. Avoiding spreading fertilizer and manure 6. Plant cover in winter 7. Catch crops 8. Application techniques of manure 9. Capacity of manure storage 10.Erosion-minimising cultivation system ■ Objective: to evaluate in detail a limited number of key agricultural measures. ■ Output: common factsheets to be circulated among RB administrator, EG members; will feed a new and more complete version of the catalogue of measures, support also to the designing of PoMs.

Analyses of specific measures Specific issues related to RBMP and/or PoM and agriculture: 1. Indicators to monitor the implementation of the PoM 2. Financing the agricultural measures in the PoM 3. Farmers involvement, strategies and experiences 4. Interplay between the Flood Directive and flood related measures in the PoM 5. Cost-effectiveness of agricultural measures 6. Comparison of policies and implementation strategies to reduce diffuse agricultural pollution 7. Irrigation related measures. Output of this analysis will be in the form of short articles, which serve as input for the EG as well as for distribution among RB managers and stakeholders. Reports of these different issues will be finalized by the end of 2012

Web platform RBN factsheets are the way to talk about experience in implementation; last version has been uploaded on the 8 October in the Circa-Website Password protected web-Platform: http://rbn-water-agri.jrc.ec.europa.eu/ Main communication tool between the EG and the Network (restricted section), managed/maintained by JRC The main instrument for disseminating network’s outputs (open section): database of WFD agricultural measures, example of good practices, articles, factsheets, …

EG – thoughts for the future Good platform for discussion and exchange of views (both agriculture and environment experts present) The scope and focus of the group (technical– political?) need to be clarified Follow up of the Blueprint important More focus on policy instruments, best practices and cost-efficiency of measures More information sharing and horizontal work between different CIS groups

Paving to way for WFD in Cross compliance SCG is invited to discuss the list of provisions derived from the WFD which would be technically appropriate to include in future CC.

CIS -process CIS Strategic Coordination Group (SCG) meeting on 7 March 2012 The CIS Expert Group on WFD & Agriculture discussed the technical feasibility in April 2012 Questionnaire to EG members May 2012 17 Member States provided written answers => summary The CIS Expert Group on WFD & Agriculture discussed this issue again at its meeting on 10 October 2012 (after the meeting written comments was received from 8 MS + Copa-Cogeca) The outcome of the discussion is presented to the Strategic Coordination Group (SCG) at its meeting on 7-8 November 2012 The Water Directors are expected to endorse a preliminary list of measures on 28-29 November 2012.

Background Discussions are on-going at the Council and European Parliament The option of having the WFD in cross compliance is one of the main tools relevant to water protection announced in the CAP reform legal proposals. The COM thinks that water should be a key objective also in pillar 2 (legal proposal (COM2011)627 – art 31) => Need for clear and enforceable regulatory baseline that addresses risks at source => Measures proposed by the COM do not undermine this goal being basic measures (not eligible for pillar 2 payment) Slide 15 / 25

Basic measures under article 11.3 Potentially cross compliance is relevant to a large number of WFD mandatory measures, but to initiate the process and to demonstrate the relevance and technical feasibility, the 1st stage will focus on few key measures extracted from WFD Article 11.3. These would cover the core of what European farmers need to do to make their use of water sustainable - in their own long-term interest and to benefit society at large. Slide 16 / 25

The Commission's short list – principles of selection of measures Derives from WFD article 11.3 The assessment of existing CC requirements, identification of gaps, and common measures to fill the gaps Cross compliance cannot cover identical obligations from different SMRs MS are obliged to implement all article 11, Cross compliance does not replace national controls and enforcement of legislation

Proposed measures Water quantity: 1. Respecting compliance with the authorisation for water abstraction as implemented by MS (11.3.e) 2. Respecting compliance with the authorisation for the creation of an impoundment that affects a water body or a riparian area (11.3.e) 3. Respecting requirements for water metering as implemented by Member States (11.3.b) Hydromorphology: 4. Respecting the prior authorisation for the modification of riparian areas (11.3.i) Water quality: 5. Respecting mandatory requirements to control diffuse sources of pollution by phosphates as implemented in the MS (11.3.g, h and j) 6. Respecting requirements for slurry storage and spreading outside of Nitrogen Vulnerable Zones, to reduce diffuse pollution of nutrients and minimise organic pollution as implemented in the MS (11.3.g, h and j)

Some general observations from stakeholders: National legislation already in place in many MSs, some measures already in CC Implementation of these measures would reduce the pressure of agriculture on water Need to clarify for farmers what relevant key measures are => societal expectations for agriculture to comply with relevant legislation Clarification of certain measures is needed still (e.g. hydromorphology) Fear for extra administrative burden => need for effective management, control and sanctions systems and also enhanced cooperation between different authorities in the MSs Pesticides or soil erosion are expected to be addressed under CC via other provisions

Controls and inspections systems are already in place in MSs In 2011 DG ENV performed a survey on existing management, control, inspection and sanction systems for implementing water policy  Management, control and inspection mechanisms already exist in the surveyed Member States There are legally-based mechanisms (including permit system) in place to manage and control water abstraction, water pollution and hydromorphological alterations   A similar message emerged recently from the EU Network for the Implementation and Enforcement of Environmental Law (IMPEL) in relation to pollution from industrial emissions => permitting and inspection activities should be done in very close cooperation between the authorities.  

Thank you for your attention!