Legal issues and compliance checking in WFD implementation SCG meeting 5-6 November 2008 Jorge Rodríguez Romero, Unit D.2, DG Environment, European Commission

Contents Commission report Article 8 monitoring programmes Towards a concept for RBMP compliance checking Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Compliance checking Article 8 monitoring networks On-going work based on concept paper discussed at Working Group Reporting The work will be the basis of Commission report – to be finalised end of 2008 Assessment of key issues Objectives of monitoring programmes Comprehensiveness Status of developments of methods Selection of quality elements Frequency of monitoring Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Commission report monitoring programmes – table of contents 1 Introduction Monitoring Programmes for European waters – overview Methodology for the Compliance Check Communication of reports Completeness and clarity Validation Compliance indicators and key issues Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Commission report monitoring programmes – table of contents 2 Results of the Member States (EU perspective) Sections on Surface waters and Groundwater Objectives (Design) of Monitoring Programmes Comprehensiveness Development of methods Selection of Quality Elements Frequency of monitoring Information gaps International river basin districts Conclusions Annex: Information on MS Monitoring Programmes (individual template for each MS) Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Expected timetable Commission Staff Working Document Factual information from Member States will be consulted before publication (basically the annex) Finalisation and publication of the report early 2009 Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Follow-up compliance checking monitoring programmes / intercalibration Linked to intercalibration decision just adopted The Commission is following closely the progress on implementation of intercalibration work programme 2008-2011 Development of methods for biological assessment (reported under article 8) is a prerequisite for intercalibration Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

First ideas on RBMP compliance checking This will be a very challenging task for COM To recall, article 5 reports amount 60.000 pages in 18 languages COM is starting to work on a methodology that will be reflected in a concept paper (draft should be available on the first half of 2009) Intention is to test the methodology in draft RBMP during 2009 Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Steps of compliance checking Report communicated? Start legal procedure No Yes If no completion All parts of reports complete and clear? Clarify with MS No Yes Update and completion Screening and compliance Indicators mainly based on WISE information Is report compliant for key issues/compliance indicators? Halt assessment Yes No Is report compliant after in-depth assessment? Halt assessment In-depth based on WISE information + RBMP + background information Yes No Decide upon follow up Verify assessment Clarify with MS Start legal procedure

First ideas on key issues for in-depth assessments environmental objectives exemptions designation of heavily modified water bodies classification of ecological status and potential measures related to agriculture measures related to hydromorphology measures related to chemical pollution measures related to article 9 (water pricing policies) water scarcity and droughts … Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Important considerations Reporting sheets ≠ RBMP DG ENV expects both reporting through WISE according to the agreements reached within CIS and the reporting of the full RBMP and background information (only web links) Some MS have not delivered important information that was agreed in the reporting sheets for Article 8. This fact: Puts into question the usefulness of the CIS informal approach Limits the capacity of the Commission to assess properly MS implementation in a comparable way – COM bases its assessment on the information reported Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Your comments are welcome Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.