Compliance checking of RBMP An inventory of questions 30 September 2009 DG Environment, European Commission

Contents Introduction WD discussions on approach Tools to support compliance checking Background documents Question to WG D and next steps

Introduction - 1 Commission Art 18 report : - Compliance check of legal obligations - Assessment of the policy achievements

Introduction - 2 General approach:

Discussion on compliance checking WD meeting Paris December 2008 - 1 Some background and principles of the exercise The depth of the analysis should be sufficient for strategic issues, but also covering technical issues and governance Comparison of implementation efforts and expected results Prioritisation of issues to use resources efficiently Transparency – proper documentation Agreement that we need both WISE and the electronic versions of the plans The Water Directors asked for some flexibility on reporting the background information of the RBMP using e.g. web links, whilst recognising the need to make reporting verifiable.

Discussion on compliance checking WD meeting Paris December 2008 - 2 General approach is still valid and useful. The preparation phase has already identified some issues that will merit a detailed analysis in any case. Timing: three stages have to be taken in parallel. The Commission intends to perform in-depth analysis on a number of key issues in parallel to the screening exercise.

Discussion on compliance checking WD meeting Paris December 2008 - 3 Some of the key issues that are candidates for these in-depth assessments were identified: Environmental objectives and 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

Tools to support compliance checking steps - 1 Completeness check will be done on the basis of the WISE electronic delivery and the RBMPs themselves The information requirements for these indicators have been identified as part of the reporting requirements. These two steps should be largely combined and performed simultaneously (or in parallel)

Tools to support compliance checking steps - 2 In order to combine screening and in-depth assessments, specific templates will be developed for all topics covered by the RBMP The depth of the assessment will vary, more detailed for those key topics identified as priority The starting point to develop the templates is to identify key questions A first inventory of possible relevant questions is included in document presented to WG D for discussion

Tools to support compliance checking steps - 3 The inventory of questions presents questions of different nature Legal compliance Technical “quality” of implementation Policy oriented It is recognised that some of the questions will be difficult to answer Dialogue with WGD and bilateral contacts The document will be further structured and developed

Background documents WFD and guidance documents require justification and transparency of some of the key contents of the RBMPs Level of detail of RBMP and PoM will vary: not possible to generalise which topics need to be addressed in background documents List of likely topics that may not be addressed sufficiently in RBMPs: Classification of ecological status Designation of HMWB/definition of GEP Exemptions

Request to WG D Is the approach for in-depth assessments sufficiently clear? Does the presented inventory address all relevant questions? Which questions should be a priority in the in-depth assessments? Any other comments/questions?

Next steps Based on further internal discussions and comments WG D the document will be developed further and will be presented to the SCG (4-5 November) and Water Directors (30 Nov – 1 Dec) From 2010 onwards: Develop topic specific templates for in-depth assessments Test templates on some RBMP Carry out in-depth assessment