Water related measures in Rural Development Programmes 2014-2020: assessment Eric Mulleneers Unit ENV.B1- Agriculture, Forests and Soil 6 March 2014

Content Planning Rural Development policy 2014-2020 Content RDP's Assessment of water-related issues in the RDP's

Planning RD-policy 2014-'20: context 1. EU „Strategic Document“ establishing common priorities 2. Partnership Agreements with Member States, including description of interplay between different funds 3. Establishment of national / regional programmes based on needs assessment and specific programme targets 4. Monitoring and evaluation, including review of programme performance in 2017 und 2019

Planning RD-policy 2014-'20: timeline MS and all ESI Funds MS and individual Funds Common Provisions Regulation (R.1303/2013) published: 20-12-2013 RD Regulation (R.1305/2013) published: 20-12-13 Max 4 months Partnership Agreement Submitted (MS) Max 3 months Max 3 months Observations by EC All RDPs and NF (MS) submitted Max 1 month Max 3 months Partnership Agreement Adoption Observations by EC Max 3 months Programmes Adoption (EC) Note: Time spent by MS to reply to EC observations does not count towards the deadlines

Planning RD-policy 2014-'20: planning RD legislation What When finished? Regulation (EU) no 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD);  main rules Published: 20 December 2013 Delegated act: definitions and minor additional requirements, only where necessary and delegated in regulation 1305/2013 March 2014(?) Implementing rules: purely technical implementing rules based on the regulations April ´14(?) Guidance documents: interpretation of legislation and 'best practices'; no legal status continuous

Content RDP's: main elements Ex ante conditionalities fulfilled? SWOT-analysis + needs identification choice of objectives, priorities and focus areas Choice of measures (from set of 20 measures) Budget: EAFRD + National co-financing state aid Monitoring and evaluation: ex ante, midterm, ex post Organization and implementation

Content RDP's: chapters Title Member State/administrative region Ex ante evaluation (conclusions processed?) SWOT and identification of needs Description of the strategy Assessment of ex ante conditionalities Description of the performance framework (targets for 2023; Milestones for 2018) Description of each of the measures (and sub-measures) selected Evaluation plan Financing plan Indicator plan Additional national financing Elements needed for State aid assessment Information on complementarity with other EU funds Programme implementing arrangements Actions taken to involve partners National rural network Ex ante assessment of verifiability, controllability and error risk Transitional arrangements Thematic sub-programmes

Content RDP's: water-related priorities/ focus areas (art Content RDP's: water-related priorities/ focus areas (art. 5 R1305/2013) (4) Restoring, preserving and enhancing ecosystems related to agriculture and forestry, with a focus on the following areas: restoring and preserving and enhancing biodiversity, including in Natura2000 areas and areas facing natural or other specific constraints and high-nature-value farming, and the state of European landscapes; Improving water management, including fertiliser and pesticide management preventing soil erosion and improving soil management. (5) Promoting resource-efficiency and supporting the shift towards a low-carbon and climate-resilient economy in the agriculture, food and forestry sectors, with a focus on the following areas: Increasing efficiency in water use by agriculture

Content RDP's: water-related measures Investments (art 17) Agri-environment-climate (art 28) (and forest-environment (art 34) Restoring agric. prod. potential, preventive actions (art 18) Air quality Landscapes Habitats Soil Climate change Biodiversity WFD / N2000 payments (art 30) Water quality and quantity Organic farming (art 29) LEADER (art 42) Art 17 Investments: Performance of agricultural holding, infrastructure, e.g. more efficient irrigation equipment water collection / treatment / recycling (for farm sector only) "Non-productive" (purely environmental) investments, e.g. wetland restoration (Particular conditions related to irrigation in separate article - art. 46) Art 18 Restoring agricultural production potential "Preventive actions" to reduce consequences, e.g. flood protection Restoration of agricultural land and production potential damaged by natural disasters Art 28: Area-based payments compensating for additional costs incurred / income foregone as a result of environmentally beneficial voluntary practices going beyond a "baseline" of required standards / practices Examples: Voluntary reduction in use of fertilisers, pesticides; Water-saving cropping patterns Baseline: cross-compliance relevant minimum requirements for fertiliser and plant protection prods. other relevant requirements from national legislation "greening" provisions from Pillar I No double-funding of "greening" practices of Pillar I – "deduct amount necessary" Art 30 Area-based payments compensating for additional costs incurred / income foregone because of disadvantages incurred in particular areas as result of implementing WFD Requirements involved must: be introduced by WFD be in line with river basin management plans go beyond measures needed to implement other EU water legislation go beyond level of protection inherent in legislation in force when WFD was adopted impose major changes in land use type or major restrictions in farming practice, resulting in significant loss of income go beyond cross-compliance go beyond "greening" practices No double-funding of "greening" practices – "deduct amount necessary" Other: Knowledge transfer (art. 14) Advisory services (art. 15) Basic services & village renewal in rural areas (art. 20): Investments in small- scale infrastructure – e.g. water treatment facilities not supplying only farm sector Forestry measures (art 21, various articles): Afforestation / woodland creation; Establishment of agroforestry systems Organic farming (art. 29) Co-operation (art. 35): Technological development, experimentation; Joint approaches to delivering economic / environmental benefits LEADER (in CPR and RDR): local actions Vocational training (art 14) + Advisory Services (art 15) Cooperation (art 35) Basic services & village renewal (art. 20) Forestry (art 21)

Assessment: approval procedure The proposal of RDP has to be submitted to the Commission for its approval: DG Agri "chef de file". Reception of the RDP by DG AGRI: Admissibility check, internal consultation (co-ordination units, meetings…). First Interservice consultations Letter with remarks/questions to MS Meetings with MS Reception of the updated version of the RDP Second Interservice consultations Approval of RDP by implementing Act.

Assessment water related issues (1) Quality of (scientific) underpinning of (analysis in) RDP (incl. results ex ante evaluation and Strategic Environmental Assessment; lessons learned from previous programming periods?) Information in SWOT-analysis and needs identification consistent with available data from other sources about water/environmental situation (e.g. pollution with nutrients, pesticides, water quantity issues) Internal consistency and coherency of priorities/focus areas, measures chosen, budgets with SWOT/needs identification Consistency of RDP with other EU instruments (in the MS): Partnership Agreement; EU environmental and water legislation/policies/goals (including WFD/RBMP's, Nitrates, pesticides) (greening in) first pillar of the CAP +cross compliance * Minimum spending on environment & climate: Now in legal article – art. 65 (5) - not only preamble. At least 30 % of given programme's EAFRD funding must be spent on the following measures: Art. 18: Investments in physical assets ("environment- and climate-related investments" only) Arts. 22-27: (Investments in forestry) Art. 29: Agri-environment-climate Art. 30: Organic farming Art. 31: Natura 2000 payments (not WFD payments) Art. 32: Payments to areas facing natural constraints Art. 35: Forest-environmental and climate services Relevant EU legislation: marine strategy framework Directive

Assessment water related issues (2) Level of environmental/water ambition in the RDP Targeting in RDP, consistent with problem(s) (areas) identified in SWOT to get best environmental results and highest value for money At least 30% of budget to environment/climate related measures (art 59 RDR); MS should maintain level of efforts 2007-13 (rec. 22 RDR) Clear involvement of civil society in drafting the RDP, including environmental and water NGO's Minimum spending on environment & climate Now in legal article – art. 65 (5) - not only preamble At least 30 % of given programme's EAFRD funding must be spent on the following measures: Art. 18: Investments in physical assets ("environment- and climate-related investments" only) Arts. 22-27: (Investments in forestry) Art. 29: Agri-environment-climate Art. 30: Organic farming Art. 31: Natura 2000 payments (not WFD payments) Art. 32: Payments to areas facing natural constraints Art. 35: Forest-environmental and climate services

Assessment water related issues (3) Fulfilment ex ante conditionalities (CPR and RDR annex V), related to RD-priority 4 - environment/water quality: Good Agricultural and Environmental Conditions (buffer strips along water courses, compliance with applicable authorization procedures in case of irrigation; protection of ground water against pollution) Minimum requirements for fertilizers and plant protection products Other relevant national standards related to RD-priority 5 - resource efficiency/water quantity Water pricing policy which provides adequate incentives for users to use water resources efficiently Adequate contribution of the different water uses to the recovery of the costs of water services at a rate determined in the approved RBMP for investment supported by the RDPs

Assessment water related issues (4) Details of the measures chosen: ambition level; targeting of the measure; are measures which improve natural water retention and 'green infrastructure' taken into consideration Assessment of measures which might have negative effects for water quality/water quantity: inclusion of preventive / mitigating measures (see also art 45 RDR, environmental impact assessment) Clear and detailed description of the baseline in area-based measures (e.g. WFD-payments, AECM) to prevent overpayment and double funding (with 1st pillar CAP) Investments in irrigation: application of all the conditions (incl. notified RBMP; water metering in place) and requirements in art 46 RDR Baseline for Agro-environmental measures: The definition of the baseline (Art.39) involves EU, national and even regional regulations in some cases. Getting the baseline right is a prerequisite for AE measures definition. An ambitious baseline means more money available for real environmental improvement.

Assessment water related issues (5) WFD-payments fulfil criteria mentioned in Art 30; requirements involved must: be introduced by WFD be in line with river basin management plans go beyond measures needed to implement other EU water legislation go beyond level of protection inherent in legislation in force when WFD was adopted impose major changes in land use type or major restrictions in farming practice, resulting in significant loss of income go beyond cross-compliance go beyond "greening" practices

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