1. Article 38 and implementing rules for payments linked to the WFD
SSG WFD and Agriculture
Lund, 23 September 2009
DG for Agriculture and Rural Development, European Commission

2. I) Presentation of Article 38 of Reg (EC) n°1698/2005
To compensate farmers for the disadvantages resulting from the implementation of the WFD
→ Requirements stemming from other Community legislations for the protection of water fall out of the scope of Art.38
Annual area related payment
Compensation for the additional costs and income foregone resulting from the disadvantages introduced by the WFD
→ Article 38 does not cover voluntary measures
→ Article 38 does not cover investments related operations
The use of Article 38 by MS in their RDP requires the PoM to be established
DG AGRI 23 September 2009

3. II) Implementing rules for Art. 38 for WFD payments (1/3)
1. Specification of the scope of application
Why specifying the scope?
WFD potentially applies to the whole EU territory
PoM may includes a wide range of measures
Financial possibilities under rural development are limited
How to specify the scope?
Support limited to requirements introduced for the purpose of implementing the WFD
Support targeted at certain types of operation
DG AGRI 23 September 2009

4. II) Implementing rules for Art. 38 for WFD payments (2/3)
2. Maximum amount of support
Provisions of Article 38 sets that maximum level of support shall be set
Proposal to maintain levels of support set for Natura 2000 payments
500€/ha/year for the five first years
200€/ha/year after
Possibility of derogation for duly justified cases
DG AGRI 23 September 2009

5. II) Implementing rules for Art. 38 for WFD payments (3/3)
3. Articulation with Article 31
To avoid risks of double funding
Proposal to exclude from the scope of Art.31 kinds of operation eligible under Art. 38
DG AGRI 23 September 2009

6. III) Timetable for the adoption of the implementing rules
Discussion at the next Rural Development Committee (RDC) (October)
Agreement on a text in the RDC (October/November)
Adoption possibly by the end of the year
DG AGRI 23 September 2009

7. Thank you for your attention !
DG AGRI 23 September 2009