Meeting of Water Directors State of transposition and implementation 1/2 June 2006 Agenda item 1 – State of transposition and implementation

Report partially submitted “WFD Scoreboard” for 2004-2005 Country Notification (Art. 24) Completeness Conformity Intercalibration (Site selection) River Basin Districts (Art. 3 Reporting ) WISE submission RBD Analysis (Art. 5 Reporting) (non) communication (non) conformity (incorrect) implementation Symbols Explanations  Report subm. +WISE  Report submitted  Report partially submitted  Report not submitted WFD Scoreboard Status of information (28 May 2004): The WFD Scoreboard gives a quick overview on the performance of the Member States as regards the legal transposition and the implementation elements of the Water Framework Directive 2000/60/EC (WFD) which have deadlines during 2004 and 2005. Disclaimer: The information in the tables, although attempting to be accurate and up to date, may not necessarily reflect the latest formal information that is available to the Commission. Hence, this information does not necessarily reflect the views of the European Commission. It intended for general information to the public but is not the basis on which the European Commission decides upon the necessity to launch legal proceedings against the Member States for not fulfilling the obligations of the Directive. Thus, it can not be interpreted as an overview table on ongoing or planned infringement cases. Note: “WFD Scoreboard“ does not provide any information whether report is satisfactory and/or in line with the WFD

WFD Scoreboard 2004/2005 (EU 25 MS - part 1/3) AT BE CY CZ DE DK EE EL Notification (Art. 24)  * ** Intercalibration (Site selection) River Basin Distr. (Art. 3 Reporting ) WISE submission  RBD Analysis (Art. 5 Reporting)  Transposition of the WFD in the 15 former Member States Status of information (28 May 2004): Out of the 15 former Member States, 5 (AT, DK, EL, ES, IE) have notified the legal instruments to transpose the Water Framework Directive in time 2004. In addition, Germany and Belgium have partially transposed the Directive. Germany has adopted a national framework legislation but adoption of specific legislation in the 16 Federal States („Länder“) needs to be completed. Only few „Länder“ have finalised that process yet. In Belgium, only the Flemish Region has transposed the WFD, Wallonie and Brussels Region are still working on the transposition. From January to May, UK (with the exception for Gibraltar), France and Sweden have notified their legal transposition. *: transposition for Brussels Region missing **: first non-compliance case

WFD Scoreboard 2004/2005 (EU 25 MS - part 2/3) ES FI FR HU IE IT LU LT Notification (Art. 24)    Intercalibration (Site selection) River Basin Distr. (Art. 3 Reporting) WISE submission RBD Analysis (Art. 5 Reporting) Transposition of the WFD in the 10 new Member States Status of information (28 May 2004): Out of the 10 new Member States, 8 have transposed and notified the Water Framework Directive by the accession date. MT and SK both confirmed that the transposition is completed, however formal notification to the Commission was still pending. This is expected to happen shortly.

WFD Scoreboard 2004/2005 (EU 25 MS - part 3/3) LV MT NL PL PT SE SK SI UK Notification (Art. 24)  Intercalibration (Site selection) River Basin Distr. (Art. 3 Reporting ) WISE submission  RBD Analysis (Art. 5 Reporting) Infringements started by the Commission Status of information (28 May 2004): The Commission has sent a letter of formal notice as regards „non-communication“ to 10 Member States on 27 January 2004. Only FR and UK have responded and sent the legal instruments for transposition since then, however the UK laws did not cover Gibraltar. Reasoned Opinions are being prepared against 9 of the former 15 Member States for June 2004 for the following reasons: transposition missing completely: FI, IT, LU, NL, PT, SE transposition incomplete: BE (Wallonie, Bruxelles), DE (Länder), UK (Gibraltar) As regards the 10 new Member States, no legal procedures will be necessary as regards “non-communication”.

Rulings by the Court of Justice Non-transposition of the WFD: C‑33/05 – Belgium (15.12.2005) C‑67/05 – Germany (15.12.2005) C-85/05 – Italy (12.01.2006) C‑118/05 – Portugal (12.01.2006) Pending: Luxemburg (opinion of the Advocate General on 18.05.2006) Text of judgments available at: http://curia.eu.int/en/content/juris/index.htm

WISE submission of Art. 5 reports (Requested deadline: 31/05/2006)  DE  BE-Fl, CY, FR, LV, LU, SE  everybody else Infringements started by the Commission Status of information (28 May 2004): The Commission has sent a letter of formal notice as regards „non-communication“ to 10 Member States on 27 January 2004. Only FR and UK have responded and sent the legal instruments for transposition since then, however the UK laws did not cover Gibraltar. Reasoned Opinions are being prepared against 9 of the former 15 Member States for June 2004 for the following reasons: transposition missing completely: FI, IT, LU, NL, PT, SE transposition incomplete: BE (Wallonie, Bruxelles), DE (Länder), UK (Gibraltar) As regards the 10 new Member States, no legal procedures will be necessary as regards “non-communication”.

Inviting MS to submit Art 5 reports through WISE Art 3 reports will be sent to MS, delays because of resource constraints Official Commission Implementaion Report in March 2007; preparations started, most work will be done during and after summer. No new information (e.g. late reports, WISE) will be considered after 15 October 2006. Clarifications with MS will continue in 2007. Next steps

Some initial Art. 5 results -water bodies-

Some initial Art. 5 results -risk analysis-

Initial results - monitoring