Environmental Objectives and Exemptions under the Water Framework Directive Water Directors’ meeting Slovenia 16-17 June 2008 Marieke van Nood, Unit D.2, DG Environment, European Commission

Questions to WD on open points Request to WD Outline Copenhagen workshop Discussion document Agreements so far Proposed further common grounds Open points Guidance on transparency Questions to WD on open points Request to WD Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Copenhagen workshop

Requested by WD at Lisbon meeting 20 case studies presented by 6 MS Copenhagen workshop Requested by WD at Lisbon meeting 20 case studies presented by 6 MS Summary and conclusions on: General approaches Affordability Alternative financing mechanisms Public budget constraints Costs and benefits / cost recovery Transparency Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Copenhagen workshop All presentations, an input paper, summary and conclusions are available on Circa: http://circa.europa.eu/Public/irc/env/wfd/library?l=/framework_directive/implementation_conventio/disproportionate&vm=detailed&sb=Title Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Discussion Document

workshop summary and conclusions proposals for further discussion Discussion Document Version 1: workshop summary and conclusions proposals for further discussion Comments received from 8 MS Version 2: summarised comments received on proposals for further discussion Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

At and after SCG, identification of: Discussion Document At and after SCG, identification of: Proposals for common understanding 4 main open points Questions for Water Directors’ meeting Version 3 was prepared on the basis of comments at and after SCG-meeting Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Discussion Document version 3: CH2: already agreed common grounds CH3: common grounds proposed for agreement CH4: open points CH5: transparency Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Discussion Document version 3: Proposed common understanding Interpretation ‘costs of basic measures’ in statement that these cannot be considered for disproportionality assessment Prioritisation approaches Alternative financing mechanisms Use of affordability in extending the deadline Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Discussion Document version 3: Open points Use of prioritisation approaches in justification of exemptions Role public budget limitations Administrative/legal constraints Role of affordability in Article 4.5 Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Discussion Document version 3: Transparency Already agreed issues Proposed further guidance Describe: There are no alternative financing mechanisms Underlying reasons invoking disproportionality What action will be taken and the progress made How costs of non-action are included Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Questions to Water Directors on open points

Questions to Water Directors Prioritisation approaches Are the listed criteria examples, or is the list exhaustive? Why are costs of inaction not included as a prioritisation criterion? How are criteria for prioritisation proposed in the text above related to the reasons set out for justification of an extension of the deadline in Article 4(4) of the WFD? - How is it guaranteed that a prioritisation approach is in line with the principle that exempting from the WFD environmental objectives should not be the rule but exceptional? Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Questions to Water Directors Public budget constraints -When public budget constraints are used as an argument for extending the deadline, how is it ensured that costs of measures from other existing relevant legislation are not included in the assessment of disproportionality? -Could examples be given of cases where public budget constraints will be used as a reason for extending the deadline, and where they therefore cannot be solved in the short term? Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Questions to Water Directors Administrative/legal constraints Are there specific examples of administrative/legal constraints that cannot be solved by 2012, other than obtaining land? Are there specific examples of administrative/legal constraints that cannot be related to the reasons for justification set out in Article 4(4) of the Directive (disproportionate costs/technical unfeasibility)? - How is it guaranteed that progress is made in addressing administrative/legal constraints? Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Questions to Water Directors Affordability in 4(5) -Are there examples of cases where affordability may be used to justify a lower objective others than the examples for which it is expected that the objectives will be achieved a few years after 2027 without affordability issues? Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Request to Water Directors

Request to Water Directors Discuss and agree the proposed common understanding in Chapter 3; Discuss the open points identified identified in Chapter 4; Address the questions raised in Chapter 4; Progress towards common understanding on the open points at the meeting; Discuss and agree the points proposed in Chapter 5 on transparency; Agree that achieved consensus at the meeting will be made publicly available, and included in the guidance document for end 2008. Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.