1. Legal and implementation issues update
WG F
Maria Brättemark
WFD Team, DG ENV.D.1, European Commission

2. Progress report on :
- Legal issues : Update on transposition non -communication infringements and conformity checking - Article 3 notification of Units of Management and Competent Authorities – feedback from COM on status of reporting, and compliance checking – feedback from Member States - Reporting article 5 - Use of art 13 - next steps - Implementation of the Water Framework Directive. River Basin Management plan compliance checking and public participation

3. Transposition the Floods Directive (as of 27.10.2010)
Legal issues :
Transposition the Floods Directive (as of )
Floods Directive (2007/60/EC) Deadline !
Status transposition :
20 complete notifications received : BE, BG, CY, DK, DE, EE, EL, ES, HU, IE, IT, LT, LV, MT, NL, RO, SI, SK, SE, UK)
5 partial notifications received : AT, CZ, FI, FR, LU
2 Member States have not transposed the Directive at all : PL, PT
Status infringements :
19 letters sent on to and 5 still absent or partial transposition: AT, FI, FR, PL, PT.
3 letters sent on for partial transposition and 2 still open: CZ, LU
Reasoned opinions, still incomplete : FI, FR, PT (M06), PL(07), CZ, AT(M09)
Concerned MS, please provide updated information on the status of transposition! 3

4. Conformity of transposition
Floods Directive:
Conformity of transposition
Conformity studies
8 studies received
Rest expected in January, rest March.
Did the Transposition checklist work?
Hopefully, so far very, very preliminary comment is “overall well transposed”, but many details to be clarified.
Next steps :
First informal clarifications (Pilot or pre-258 Letters) expected 2nd semester 2011 4

5. Art 3 reporting (Units of Management & Competent authorities)
24 Member States reported on time, two have updated information since (FI, UK).
For BG, EL, HU and MT it is assumed that WFD information applies, although the agreement in WG F was that a report should be submitted under FD art 3 in both cases. Clarification on non-reporting will sought with these Member States.
Different Competent authorities for many MS.
Different Units of Management for 2 (IT,IE), possibly 3(SE) Member States. Some other submissions to be clarified bilaterally.
Bilateral contact for clarification.
Visualisation – as for WFD – end November?

6. Art 3 reporting Italy : 51 Units of Management

7. Art 3 reporting Ireland : 26 Units of Management

8. Poland: Competent Authorities
WFD example
Poland
46 CA

9. Poland: Competent Authorities
Add to textual information

10. Art 3 reporting Process - feedback
All reported on time !
Some problems on reusing WFD information and moving on if there was a error, so resubmission of information was necessary.
Due to the need for MS to send updated information within 3 months of any change, the reporting tools need to be corrected where there were errors.
Other feedback is welcome…

11. Art 3 reporting Bilateral clarification
Unit of managements :
Geographical information submitted - inconsistencies with WFD or lack of information
Are new UoM respecting the river basins. Will be checked. Subbasin cannot be designated as separate UoM.
Competent authorities :
Information is clear, all relevant competencies covered etc

12. Art 4-5 Preliminary Flood Risk Assessment
Reporting sheet agreed end 2009
Deadline
Reporting art 4 : (formal deadline)
Reporting art 5 :
(informal deadline extension : 6 months + 3 for reporting)

13. Use of art 13 - next steps Cut-off-date : 22.12.2010
As previously indicated, Commission is interested in the status of the implementation when art 13 is used, and will therefore write an ask for the information
No specific reporting sheet or reporting formats/tools – free format
Each reporting sheet includes questions regarding the relevant information to be provided with the main reporting

14. Water Framework Directive River Basin Management assessments
16 plans reports achieved – available via CIRCA, later via WISE
Screening and indepth assessment starting now
Flood risk management, hydromporphology, use of exemptions will be checked
1st bilateral feedback with MS for clarifications in 2011
3rd implementation report end-2012
Synthesis of data reported to be provided

15. Water Framework Directive Public information and consultation
Article 14 (WFD) requires a three step approach :
(a) a timetable and work programme for the production of the plan, including a statement of the consultation measures to be taken, at least three years before the beginning of the period to which the plan refers;
(b) an interim overview of the significant water management issues identified in the river basin, at least two years before the beginning of the period to which the plan refers;
(c) draft copies of the river basin management plan, at least one year before the beginning of the period to which the plan refers
Background documents to be made available and 6 moths allowed for written comments each step.

16. Water Framework Directive Public information and consultation
Floods Directive states :
Art Member States shall encourage active involvement of interested parties in the production, review and updating of the flood risk management plans referred to in Chapter IV.
Art 9.3. the active involvement of all interested parties under Article 10 of this Directive shall be coordinated, as appropriate, with the active involvement of interested parties under Article 14 of Directive 2000/60/EC.
All Thematic workshops to-date has highlighted the importance of involving stakeholders/interested parties, and several has emphasised the importance of linking WFD/FD.
Commission expects coordination...