1. Floods Directive : Transposition checklist update
Maria Brättemark, WFD Team, DG ENV.D.2, European Commission

2. State of play 1st draft issues for information for WGF 4
Comments received by December 2008
Comments circulated to WG F for information
Some clarifications given now
Next version

3. Status of future document
Pilot project on “Compliance promotion”
For consultants checking transposition of texts (1st assessment always outsourced for resource reasons, follow-up always in house)
Disclaimer : Indication of interpretation at this point in time. Not necessarily all of COM. Reserve the right to change point of view, for instance new case-law.
Final interpretation always the Court.
Implementation vs. transposition ….
The purpose of transposition checklist being to check that provisions are correctly transposed, including if transposition resrticts implementation… for this some examples of implementation are given. Text to be made clearer though…

4. Key issues of interpretation
Definition of a flood :
List in 2.1 not exhaustive”
Only one source of flooding excluded
No knowledge how to assess and manage, not excuse for exclusion
CA and UoM/RBD
Not preference as such
Annex I- WFD information provided
Clear – CA (transposition /notification)
Link UoM and CA – Court ruling

5. Key issues of interpretation
International cooperation/coordination requirements :
Not for MS without transnational waters
Not necessarily same methodology, coordination, transparency of criteria, information, depending on the article
“Significance” to be defined by MS – transparency needed
Coordination with WFD required – also recall other (legal instruments in Annex)
Art 13 applied for PFRA in 1st cycle only
“Equivalence” case-by-case basis
Mapping – plans – checklist to change...