1. Item 7. Paving the way for WFD in Cross Compliance

2. Legal basis
According to article 93 of the legal proposal COM (2011) 628 final/2 "Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy will be considered as being part of Annex II once this Directive is implemented by all Member States and the obligations directly applicable to farmers have been identified. In order to take account of those elements the Commission shall be empowered to adopt delegated acts in accordance with Article 111 for the purpose of amending the Annex II within 12 months starting at the moment the last Member State has notified the implementation of the Directive to the Commission."

3. Where are we now? September 2012
23 Member States have adopted their River Basin Management Plans
Plans of PT are going to be adopted at the end of 2012
Plans of BE-Wallonia early 2013
Plans of EL are close to adoption
In ES only 5 plans have been adopted so far (Catalunya). A judgment in ECJ against ES is expected
In addition, the PoMs within RBMPs should be operational at the end of 2012

4. CIS -process
CIS Strategic Coordination Group (SCG) meeting on 7 March 2012
The CIS Expert Group on WFD & Agriculture discussed the technical feasibility in April 2012
Questionnaire to EG members May 2012
17 Member States provided written answers => summary
The CIS Expert Group on WFD & Agriculture discusses this issue again at its next meeting on 10 October 2012
The outcome of the discussion will be then presented to the Strategic Coordination Group (SCG) at its meeting on 7-8 November 2012
the Water Directors are expected to endorse a preliminary list of measures on November 2012.

5. The Commission's short list
Derives from WFD article 11.3
The assessment of existing CC requirements, identification of gaps, and common measures to fill the gaps
Cross compliance cannot cover identical obligations from different SMRs
MS are obliged to implement all article 11, Cross compliance does not replace national controls and enforcement of legislation

7. Measures to be considered
The measures proposed were selected from a longer list of provisions (Annex I)
Water quantity (articles 11.3 b and e)
Hydromorphology (articles 11.3 i)
Water quality (articles 11.3 g, h and j)

8. Participants are invited to discuss on the following points:
Do you agree the proposed measures adequately cover the mandatory requirements of the WFD? If not, which should be removed and/or which should be added?
Do you agree that proposed measures are such that they can be included in cross compliance?

9. A. Water quantity
1. Respecting compliance with the authorisation for water abstraction (11.3.e) 2. Respecting compliance with the authorisation for the creation of an impoundment that affects a water body or a riparian area (11.3.e) 3. Respecting requirements for water metering as implemented by Member States (11.3.b)

10. B. Hydromorphology
4. Respecting the prior authorisation for the modification of riparian areas and the requirement for restoration of riparian areas as implemented in the MS. (11.3.i)

11. C. Water quality
5. Respecting mandatory requirements to control diffuse sources of pollution by phosphates as implemented in the MS (11.3.g, h and j) 6. Respecting requirements for slurry storage and spreading outside of Nitrogen Vulnerable Zones, to reduce diffuse pollution of nutrients and minimise organic pollution as implemented in the MS (11.3.g, h and j)

12. Enforcement, inspections and sanctions
The existence in Member States of effective management, control and sanctions systems implementing the WFD are also key for the successful introduction of the Directive into the scope of cross compliance

13. In 2011 DG ENV performed a survey on existing management, control, inspection and sanction systems for implementing water policy 
Management, control and inspection mechanisms already exist in the surveyed Member States
There are legally-based mechanisms (including permit system) in place to manage and control water abstraction, water pollution and hydromorphological alterations  
A similar message emerged recently from the EU Network for the Implementation and Enforcement of Environmental Law (IMPEL) in relation to pollution from industrial emissions => permitting and inspection activities should be done in very close cooperation between the authorities.