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

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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
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.

8. First ideas on RBMP compliance checking
This will be a very challenging task for COM
To recall, article 5 reports amount 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.

9. 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

10. 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.

11. 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.

12. 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.