Informal Meeting of Water Directors of the European Union

Informal meeting of Water Directors of the European Union, Acceding, Candidate and EFTA Countries Italy, Rome, 24-25 November 2003

Informal meeting of Water Directors of the European Union, Acceding, Candidate and EFTA Countries

Rome - Italy, 24 and 25 November 2003

Final Synthesis

Introduction

The Water Directors of the European Union1 (EU), Acceding Countries2, Candidate Countries3 and EFTA Countries4 met on 24 & 25 November 2003 in Italy (Rome) in order to discuss, in particular:

 the progress of the Common Implementation Strategy for the Water Framework Directive;  the outline for a decision on a draft register of intercalibration sites;  the concept paper on reporting and the reporting guidance for 2004;  the finalisation of the guidance documents on wetlands and classification;  the progress on the integrated pilot river basin testing exercise;  the progress in the preparation of a EU Marine Strategy;  the issue of flood prevention and protection;  integration of water policy in other policy areas, in particular agriculture policy and regional policy;  the co-operation in transboundary river basins;

In addition, the Water Directors were informed on the progress regarding the following points:

 the Daughter Directives for groundwater and priority substances;  the other EU water policy areas;  the EU Water Initiative and other international initiatives;  the LIFE projects in support of water policy;  the support of water policy by EU research.

The present note summarises the main elements discussed, and the agreements reached, during the Water Directors meeting. The agenda of the meeting is presented in Annex 1, the list of participants is presented in Annex 2.

Outcome of the Meeting

PART 1: Implementation of the WFD

Agenda item 1: State of the implementation process and implementation of the Water Framework Directive (WFD) Report: Commission

The Commission (DG Environment) presented a summary overview on the progress regarding legal transposition and the designation of river basin districts countries participating in the Common Implementation Strategy (CIS) based on the responses to a questionnaire.

Overall, transposition is well underway. More than half of the EU Member States expect transposition to be completed by the end of 2003 and all Acceding Countries expect to finalise transposition by

1 Austria, Belgium, Denmark, France, Finland, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom, the European Commission and the European Environment Agency 2 Czech Republic, Cyprus, Estonia, Hungary, Poland, Slovak Republic, Slovenia (Absent: Latvia, Lithuania, Malta) 3 (Absent: Bulgaria, Romania) 4 Iceland, Norway and Switzerland (Absent: Liechtenstein)

(final version 4.0, Date: 03/12/2003, Time: 7:40 AM) Informal meeting of Water Directors of the European Union, Acceding, Candidate and EFTA Countries Italy, Rome, 24-25 November 2003 accession on 1 May 2004. The delays in the remaining Member States range from 3 to 12 months. Nearly all countries will have designated their river basin districts by June 2004 with an estimated total of 122 river basin districts in EU25 out of which 34 will be international.

Agenda item 2: Progress in the Common Implementation Strategy Report: Commission

Under the agenda point, the following three specific issues were discussed:

 Overall progress

The Commission (DG Environment) summarised the progress since the last Water Directors’ meeting on the basis of the reports from the new Working Groups (WG) and the outcome of the discussion of the last Strategic Co-ordination Group (SCG). The Commission presented, in particular, the draft mandate of the Working Group on Groundwater (WG 2.C) for approval and a number of emerging new activities for endorsement.

The Water Directors took note of and welcomed the overall progress.

The Water Directors agreed the mandate of Working Group on Groundwater (WG 2.C) as set out in Annex 3. It was highlighted that the Working Group should focus on technical issues and exchange of information and should not address issues under discussion in the Council in relation to the negotiations of the Groundwater Daughter Directive.

In addition, the Water Directors approve the new activities on eutrophication and programme of measures. On eutrophication, the Water Directors invite the Commission to present a draft mandate to the SCG. The Water Directors agree that the activity may be started as soon as possible but emphasised that the timetable for the activity should be realistic.

On programme of measures, the Water Directors invite the IRBM WG (2.B) to present a draft mandate to the SCG on the basis of the outcome of the discussions on the last SCG meeting.

Finally, the Water Directors welcome that the SCG will hold a strategic discussion on the principles of the Article 5 analysis.

 Environmental objectives and human activity

Denmark presented the issue for discussion which arose from the first experiences of the pilot testing. The Water Directors acknowledged the importance to have a more strategic debate on their next meeting and agreed to invite the Commission to prepare a discussion paper for Strategic Co- ordination Group, possibly linked with the above-mentioned issue on Article 5 analysis.

 Intercalibration – report on the state-of-play and way forward

The Joint Research Centre presented the progress in the preparation of a register of intercalibration sites. A first draft register was established including 915 proposed sites from 22 countries. An overview report including detailed information on the draft register and the proposed list was circulated. The report also included a draft outline for a decision on the register which needs to be taken by the WFD Committee in the end of 2004. A timetable for reviewing the sites and finalisation of the register was presented. Finally, the intention of the ECOSTAT WG is to prepare a guidance on the intercalibration exercise in parallel to the finalisation of the register.

The Commission requested that  those countries which have not presented any sites for the intercalibration register (in particular Bulgaria and Malta) to inform the Commission on how and by when they will be able to comply with the respective requirements of the WFD;  those countries which have expressed an intention to propose further sites for the intercalibration register (in particular Finland, Hungary, Italy, Luxembourg, Romania, and Slovakia), but have not yet submitted site specific information according to the specifications of the metadata

(final version 4.0, Date: 03/12/2003, Time: 7:40 AM) Informal meeting of Water Directors of the European Union, Acceding, Candidate and EFTA Countries Italy, Rome, 24-25 November 2003

questionnaire (through the web-based metadata entry5), to submit the data before 15 December 2003;  all countries to complement and complete their site and data submissions to the intercalibration meta database before 15 December in order facilitate the process of completing the intercalibration register.

The Water Directors welcomed the considerable progress made on the issue and expressed their appreciation on the work carried out by the Joint Research Centre and the Working Group.

The Water Directors raised the need for allowing flexibility to review the draft register in 2004 and also following the agreement on a first register in 2005 and 2006. In the outline for a decision proposed by the Commission, there is a review clause envisaged. Although the Commission was willing to explore possibilities for more flexible approaches, the review will be determined by the obligations of the Directive and the related formal procedures since all changes after the end of 2004 will have to be approved by the Article 21 Committee.

The Water Directors endorsed the proposals and the timetable presented by the Working Group and invited the Joint Research Centre to present an update of the progress on the next Water Directors’ meeting, in particular taking into account the feasibility of using common metrics.

Agenda item 3: Reporting - Concept paper and 2004 reporting guidance Report: Commission

The Commission (DG Environment) presented the outcome of the Working Group including the Concept Paper on Reporting for Water and the first parts of the reporting guidance focussing on the 2004 reporting requirements. The Commission stressed the importance of agreeing this interim step in the reporting process in order to have a basis for developing a internet-based prototype which should be available in early 2004.

The Water Directors agreed the concept paper as presented in its final version.

As regards the reporting guidance, the Water Directors agreed a number of changes to the document. The agreed foreword including conclusions of the Water Directors and the key changes are enclosed in Annex 4.

Finally, the Commission informed the Water Directors about a letter of Commissioner Wallström to the Greek Environment Minister, at the time of their Presidency. Although a response had been drafted by the Presidency, the Commission invited Water Directors again to send a response to the Commission by 10 December 2003.

Agenda item 4: Finalisation of other Guidance Documents

Agenda item 4.1: Wetlands Guidance Document Report: Italy

Italy, the leader of the drafting group, presented the final draft version 8.0 of the guidance document on wetlands (“Horizontal Guidance Document on the Role of Wetlands in the Water Framework Directive”). No open issues were identified.

The Water Directors welcomed the final version of the guidance document and thanked Italy and all the experts in the drafting group for its preparation.

The Water Directors endorsed the guidance document and agreed the enclosed conclusion text to be included in the foreword of the guidance (see Annex 5). The Water Directors invited the drafting group leaders to prepare a generic foreword and to revise the guidance document editorially by the end of 2003. The guidance document shall be made publicly available on the WFD CIRCA6 system thereafter.

5 wfd-reporting.jrc.it 6 http://forum.europa.eu.int/Public/irc/env/wfd/library

Agenda item 4.2: Classification Guidance Document Report: Germany & United Kingdom

United Kingdom and Germany, the leaders of the drafting group, presented the final draft version 5.0 of the guidance document on classification (“Overall Approach to the Classification of Ecological Status and Ecological Potential”). No open issues were identified.

The Water Directors welcomed the final version of the guidance document and thanked the United Kingdom and Germany and all the experts in the drafting group for its preparation.

During the discussion, the Water Directors’ drew attention to the potential risks of misclassification inherent in the one-out all-out approach to ecological status classification required under the Water Framework Directive.

Under the one-out all-out approach, the quality element worst affected by human activity will determine the class assigned to a water body even if the condition of all the other quality elements is consistent with a higher class. This has significant consequences for the measures likely to be required.

The Classification Guidance document includes some principles and technical approaches to controlling and significantly reducing the risk of misclassification. It is important that this guidance is supplemented by the practical experiences gained by Member States as they start to monitor, assess and classify the ecological status of water bodies so that the best practical approaches can be shared. The guidance document provides a starting point for this learning process.

Finally, the Water Directors endorsed the guidance document agreed the enclosed foreword and conclusion text for the guidance (see Annex 6). The Water Directors invited the drafting group leaders to include the foreword and to revise the guidance document editorially by the end of 2003. The guidance document shall be made publicly available on the WFD CIRCA7 system thereafter.

Agenda item 5: Integrated testing of guidance documents in Pilot River Basins Report: Commission – Joint Research Centre

The Joint Research Centre presented the state-of-play on the pilot river basin (PRB) exercise and the way forward for the finalisation of the PRB Outcome Report on the Article 5 related guidance documents.

The Water Directors welcomed the progress and agreed on the timetable extension for the finalisation of the first outcome report. In addition, the Water Directors emphasised that the pilot river basin exercise is crucial for the success of the adequate implementation of the WFD and could be used as a platform to integrate several aspects on the implementation, such as agriculture.

Agenda item 6: State of play on Preparation of Daughter Directives (information point) Report: Commission

6.1. Groundwater

The Commission (DG Environment) informed the Water Directors that Commission proposal was published on 19 September 2003. In the meantime, the European Parliament has appointed a Rapporteur who expressed her intention to finalise the first reading on the proposal before the European Parliament dissolves for its elections in June 2004. The Council, however, has not started discussions yet. The Irish Presidencies presented their intentions to address the proposal in the second half of their term and the Dutch Presidency highlighted that they will continue the debate from since it is one of their priorities.

6.2. Priority Substances

The Commission (DG Environment) presented the progress on the preparation of new legislation on priority substances following the latest meeting of the Expert Advisory Forum on 17/18 November 2003.

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The issues on quality standards and priority hazardous substances review are nearly finalised and further discussions are necessary on the emission controls taking into account the “combined approach”. Based on the current situation, the Commission intends to prepare a package including the legislative proposal and a Communication highlighting the links and synergies to other relevant Community policies.

The Water Directors took note of the progress report from the Commission and expressed the wish that, similarly to proposal for Groundwater Directive preparations, draft of the legal text should be circulated and discussed before agreed by the Commission.

Agenda item 7: Integration Aspects Report: Commission

7.1. WFD and Agriculture

The Commission (DG Environment) presented the revised Working Document on the interaction between the Common Agriculture Policy (CAP) and the Water Framework Directive following the agreement of the Council on the mid-term review of the CAP.

The Water Directors welcomed the presentation and thanked the Commission for taking the initiative. It was stressed that pressures from agriculture will be one central issues for a successful implementation of the WFD.

Given the high importance of the issue, it was proposed to keep the issue of integration between agriculture and water policy on the meeting agenda of future Water Directors meetings. In addition, it was proposed to set up a workshop involving agriculture and environment experts in order to share views and to enhance the links between agriculture and water policy taking into account the experiences of the pilot river basin exercise. In addition, countries and the Commission were invited to seek discussion and close cooperation between the relevant authorities on agriculture and water policy.

7.2. WFD and Regional Policy

The Commission (DG Environment) made a presentation on the potential of the current and future Structural Funds to contribute to the implementation of the Water Framework Directive. Ideas were presented on how best to generate synergies.

The Water Directors welcomed the presentation and took note of this information.

Agenda item 8: Co-operation in Transboundary River Basins; the Impact of Enlargement Report: Commission

On behalf of the Commission (DG Environment), a researcher made a presentation on the future challenge of international river basins following the enlargement of the EU. In particular, in Eastern Europe and in the Balkans, there is a need to strengthen the transboundary cooperation. The Commission highlighted the importance of cross-border co-operation with our new neighbours and encourage the Member States to inform the Commission if it may act as a facilitator in deepening the co-operation.

During the discussion, several Water Directors provided additional information on the cooperation in the respective transboundary river basins.

The Water Directors welcomed the presentation and took note of this information.

PART 2: Implementation of Marine Strategy

Agenda item 9: Implementation of Marine Strategy Report: Commission

The Commission (DG Environment) presented the progress in the work on the EU Marine Strategy. The Working Groups on “European Marine Monitoring and Assessment” (EMMA) and “Hazardous Substances” had been set up draft terms of references were presented to the Water Directors for these two groups as well as for the Working Groups on “Ecosystem Approach” (EAM) and “Strategic Goals and Objectives” (SGO). The Directors welcomed the progress achieved and endorsed the basic principles produced by the EMMA Group.

In the discussion it was noted that there is a potential for overlap between the SGO and the EAM Group. The Commission revealed that the overlap will be considered but it also state that the EAM should primarily devoted its effort to development of the ecosystem approach to management of human activities and the SGO group should focus on the objectives and strategic goals. It was also advocated that the SGO should not be an expert group but should have a higher level of participation. Moreover, the Commission will secure that the links between these groups should be open and synergies might be found.

The Commission informed that this phase of the development will focus common approach that will be applicable to all areas. At a later stage this will be transformed into a regional implementation where the specifics of each region should be taken into account.

It was also noted that links should be established between the Marine Strategy and the Water Framework Directive in terms of hazardous substance.

The directors endorsed the establishment of the working groups on the basis of the proposed Terms of References, in principle, as laid down in Annex 7, but also noted that it would be useful to ask the new groups to comment.

The Netherlands informed the WD that it will host a stakeholder conference on the draft marine strategy from 10-12 November 2004 in Rotterdam.

PART 3: Other Water Policies and Emerging Issues

Agenda item 10: Flood protection Report: Commission

The Commission (DG Environment) presented a position paper on the preparation of a European initiative on flood prevention and protection. The Commission envisages preparing a package on flood prevention and flood protection including a Communication on ongoing flood-related EU activities (including funding aspects) and a legislative proposal focusing on flood prevention and protection plans at river basin level, closely linked to the Water Framework Directive. The proposals of the Commission will make best use of the recently finalised document on “Best Practices” which was agreed by the Water Directors.

France presented a proposal for the establishment of a network of thematic flood risk prevention centres.

The Water Directors welcomed the presented ideas as a good basis to develop a package of joint initiatives on flood prevention and protection further. It was stressed that flooding is still a high priority in all countries. It was agreed that European initiatives on funding aspects, the network of thematic centres and the coordination of research would provide added value. As regards the proposal of the Commission on the preparation of a legislative proposal, some Water Directors welcomed such an idea if it were to focus on principles and general objectives, leaving flexibility on the level of protection to the Member States. However, some other Water Directors questioned the necessity for a legislative proposal due to the diversity of conditions and approaches in different parts of Europe.

The Netherlands informed the Water Directors that flooding will be one of the priorities under the Dutch Presidency and that it is intended to have a political orientation debate on an Informal Environment Council meeting in July 2004.

Germany informed that it will host a conference on flood prevention under the umbrella of UNECE in June 2004 in Berlin.

The Commission informed the meeting that in the light of the comments received, it will reflect on the appropriate line to take, and will report back to the Water Directors.

Agenda item 11: Other EU water policy areas (information point) Report: Italian Presidency and Commission

11.1. Bathing Water Directive

The Italian Presidency informed about the state-of-play on the negotiations in the Council. Several Water Directors presented their positions as regards the current proposed text in the Council and raised that some points are still under discussion. Their concern was whether an agreement can be reached by the end of the year.

11.2. Urban Waste Water Treatment Directive

The Commission (DG Environment) informed about the progress on the implementation of the Directive. In particular, the third implementation report is about to be finalised and is intended for publication by the end of this year. Moreover, a database is being established and a letter has been sent to the Water Directors highlighting the intention of the Commission to publish the database next year. Finally, work will be initiated to further develop the reporting obligations taking account of the developments under the Water Framework Directive.

11.3. Nitrates Directive

The Commission (DG Environment) informed about the progress on the implementation of the Directive. On the recent Committee, the current state of implementation was reviewed in particular in the new Member States. Focus for 2004 is the review of the action programmes by Member States.

11.4. Drinking Water Directive

The Commission (DG Environment) informed about the progress on the implementation of the Directive. In addition, the conclusion of the recent Drinking Water Seminar of 27/28 October 2003 were presented. One key conclusion was that there is no need for revision of the Directive in the short term but work should focus on expert level providing further guidance. The report on the outcome of the seminar will be ready by the end of 2003.

Agenda item 12: Climate Change and Water Policy Report: Commission– Joint Research Centre

The Joint Research Centre presented the progress in the preparation of a report on the impact of climate change on European water policy. An outline of the report was circulated including the table of contents and the timetable for preparation. The Joint Research Centre intends to prepare a draft synthesis for consideration for the next meeting of the Water Directors and to present a final comprehensive document in the second half of 2004.

The Water Directors thanked the Joint Research Centre for taking on this initiative and took note of the timetable and the table of contents of the report. Moreover, they welcomed the links already highlighted with the marine strategy and, in particular, the arctic. The Water Directors were invited to submit written comments on the outline. Finally, it was agreed to discuss the draft synthesis report on their next meeting.

This paper can also serve as a contribution to the CSD process on freshwater in 2004 and 2005.

Agenda item 13: Quantitative Aspects on Water Management Report: Commission

The Commission (DG Environment) highlighted the importance of the issue following the dramatic droughts events in summer 2003. The Commission stressed the need to have a debate on the appropriate follow-up on European level.

The Water Directors welcomed that this important issue was put on the agenda. Some Member States expressed their intention to discuss this issue in more detail in early 2004.

Agenda item 14: Other international water issues Report: Commission

14.1. UNECE Convention on Transboundary Water Courses and International Lakes Report: Italian Presidency

The Italian Presidency informed about the upcoming Meeting of the Parties of the UNECE Convention in Madrid on 26-28 November 2003 and the preparatory discussions in the Council.

14.2. EU Water Initiative Report: Commission

The Commission (DG Environment) informed about the progress on the EU Water Initiative. A multi- stakeholder forum was taking place in Brussels at the same time. Considerable progress had been achieved in relation to all regional activities. In relation to the African, Caribbean and Pacific Countries (ACP), the Commission is currently finalising a Communication as regards the water facility and the water fund. The Water Directors took note of the progress.

Agenda item 15: Other issues

15.1. LIFE Projects in support of water policy Report: Commission

The Commission (DG Environment) informed about the contribution of LIFE projects to EU water policy and highlighted some proposals to improve the share of information and the link to the Common Implementation Strategy. The Water Directors took note of the information presented and agreed to consider the proposals.

15.2. Commission – DG Research activities in water policy Report: Commission – DG Research

The Commission (DG Research) presented an overview on the current and upcoming research projects in support of water policy. A total of around 150 projects with an EU investment of around 250 M€ are contributing to water policy issues in particular the Water Framework Directive. The Water Directors welcomed the information.

15.3. French National Debate on water policy Report: France

France circulated some information on he ongoing national debate on water policy and the implementation of the Water Framework Directive.

15.4. Information on economic activities Report: Germany

Germany informed about a workshop held on 20/21 November 2003 in Berlin, dealing with the practicalities of the implementation of the WFD economic part. Before the workshop, Germany circulated a questionnaire prepared by their consultant Ecologic to the other countries. Germany invited the other countries which did not fill in the questionnaire yet, to send a reply before the end of

2003. The background paper and the report of the meeting will be distributed to the Water Directors together with a handbook on cost-effective options for measures in the second part of 2004.

Agenda item 16: Preparation of next meetings Report: Ireland/The Netherlands

Ireland invited the Water Directors to the next meeting in Dublin (Castle) on the 22 and 23 June 2004.

The Dutch delegation informed that the meeting of the Water Directors under their Presidency will take place on 2 and 3 December 2004 in Amsterdam.

Enclosures to this summary: Annex 1: Meeting agenda Annex 2: List of participants Annex 3: Final mandate of Groundwater Working Group (2.C) Annex 4: Guidance document on Reporting - Foreword, conclusions and agreed changes Annex 5: Wetland Guidance - Conclusions of Water Directors Annex 6: Classification Guidance – Foreword and conclusions of Water Directors Annex 7: Marine Strategy – Terms of References for Working Groups

(final version 4.0, Date: 03/12/2003, Time: 7:40 AM)