5b - Expert Group on Agriculture & Water/River Basin Network on agriculture Paving the way for WFD in cross compliance: discussion on practical implementation Nicolas ROUYER, DG Environment, Unit D1 – Protection of Water Resources

What does the CAP reform legal proposal COM(2011) 628 final say? The WFD will be considered as being part of cross compliance once it is « implemented by all Member States & the obligations directly applicable to farmers have been identified »

1. Is the WFD relevant to the objectives of cross compliance? • Two thirds of European citizens believe that water problems are serious in their countries and two thirds think that the impact of agriculture on water is large (Flash Eurobarometer, March 2009) • Pressures from agriculture have been identified as significant in almost all the European river basins (review of the River Basin Management Plans, 2012). • Cross compliance has the dual aim of contributing to making the CAP more compatible with the expectations of consumers and taxpayers and of making farming more sustainable.

2. Do WFD provisions have a direct link with the agricultural activity? Different WFD provisions regulate: • how & how much water is used, • the conditions for discharging used water, • the activities that may give rise to diffuse pollution, • physical changes to water bodies, such as the management of riparian areas.

3. Do WFD provisions relate to actions & omissions directly attributable to individual farmers? Examples include: • Abstracting water for irrigation without a permit (WFD Article 11.3.e) • Discharging waste water directly to water courses or indirectly using percolation through soil without a permit (WFD Article 11.3.g & j) • Applying pesticides against the rules (time of application, type of pesticide, application close to water courses, etc) (WFD Article 11.3.h) • Modifying a riparian area of a water body without authorisation (WFD Article 11.3.i). The CAP should not provide support to farmers that do not play by the rules. Their actions damage the environment and affect the long term sustainability in particular of EU agriculture.

4. Are the WFD provisions controllable at reasonable costs? • There is a long tradition of water regulation all across the EU. Water administrations in Europe have a long history. They are solidly established and there is a well-developed system of water management, with controls and sanctions on which the WFD builds. • Cross compliance can make use of the existing control mechanisms without entailing additional costs.

5. Does the WFD create undue discrepancies between farmers beyond what is required to take into account local needs? • The environment is very diverse, as are the pressures on it from different activities, including agriculture. • But the WFD imposes strong baseline requirements for all and allows additional measures to be defined to take account of local circumstances.

6. Do the CAP & WFD timelines match? • The adopted RBMP cover > 80% of the EU territory & population and the last RBMP are expected this year (23 MS notified their RBMP), • To a large extent, mandatory WFD measures relevant to farmers have already been in place as the WFD builds on existing legislation, • The last obligations must be implemented before the end of the year (WFD article 11.7) • The next CAP will start in 2014.

Commission invites the CIS to prepare WFD in cross compliance Without prejudice to the on-going discussion 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. It would be relevant for the CIS to anticipate this situation by starting now discussions on practical implementation.

Commission would suggest a preliminary stage of WFD in cross compliance (1/2) Potentially cross compliance is relevant to a large number of WFD mandatory measures. But to initiate the process & to demonstrate the relevance and technical feasibility, we could start with a 1st stage focusing on few key measures extracted from WFD Article 11. They 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.

Commission would suggest a preliminary stage of WFD in cross compliance (2/2) • The practical identification of the measures would be achieved through the CIS. • The Water Directors would discuss & endorse a list of measures developed by COM with MS. • The Expert Group on WFD & agriculture could start to work on this point at its next meeting in April.

The SCG is invited to: 1. take note of & discuss the Commission's proposal to discuss practical implementation of WFD in cross compliance within the CIS 2. take note of & discuss the Commission's proposal to start implementation through a first stage focusing on few key relevant measures extracted from Article 11 of the WFD

River Basin Network activity 5b - Expert Group on Agriculture & Water/River Basin Network on agriculture River Basin Network activity (technical subgroup of the EG on WFD & agri) Nicolas ROUYER, DG Environment, Unit D1 – Protection of Water Resources

Since last SCG meeting: • DG ENV has allocated additional resources through the pressures & measures study • JRC has renewed the RBN coordination • RBN has met in Saragossa last January

Current activity: • assessment of selected measures through fact sheets, based on RBN experiences and on literature • discussion on specific issues • the current focus is on what can be useful for the pressures & measures study • the activity will run until the end of the year (end of the mandate)