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

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

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

4. Introduction - 2
General approach:

5. 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.

6. 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.

7. 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

8. 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)

9. 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

10. 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

11. 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

12. 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?

13. 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