1. Item 11 - point 2 WFD & agriculture: compulsory vs. voluntary measures
Water Directors’ meeting
Spa, 3 December 2010
Nicolas ROUYER
European Commission
DG Environment
Water Unit (D1)

2. Overview presentation
1. Mandatory WFD measures for farmers
2. Rural Development Regulation Article 38 implementation
3. WFD & cross-compliance
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3. Mandatory measures for farmers
The agricultural sector generates a significant pressure on water
To achieve the WFD objectives in 2015, MS had to adopt the POM by 2009, including measures to tackle the agricultural pressure
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4. Mandatory measures for farmers
An approach based only on mandatory measures may have problems of acceptance & may reduce possibilities of success
BUT
An approach mostly based on voluntary measures would most likely lead to failure, as only a limited proportion of farmers will participate
 The best option appears to be a right balance between voluntary measures & mandatory measures
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5. Mandatory measures for farmers Mandatory measures in the POM:
 'basic‘ measures: those included in relevant existing EU legislation (e.g. the Nitrates Directive), controls over abstraction, controls over diffuse emission of pollutants… They are mandatory
 On top of that, 'supplementary' measures: definition left to MS which can make them eventually mandatory
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6. Mandatory measures for farmers
The compliance checking of the RBMP
may give additional information
on the voluntary/mandatory balance
but
an assessment of the draft RBMP didn’t identify any clear commitment for mandatory measures in the POM for the agricultural sector.
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7. Water Directors invited to discuss:
Do the Water Directors share the view that a significant rate of mandatory measures for farmers is essential to reach the WFD objectives?
What are Member-States’ plans on mandatory measures for farmers when implementing the POM?
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8. About article 38 (Rural Development Reg.)
Article 38 offers support to farmers in compensation for mandatory measures resulting from the implementation of the WFD
Point discussed at the last Expert Group meeting in Louvain-la-Neuve
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9. About article 38 (Rural Development Reg.)
According to the available information only one Member-State intends to implement article 38
Main explanations presented in Louvain-La-N.:
implementing rules were endorsed lately,
several MS intend to consider article 38 after a period of a voluntary approach,
there is a lower ceiling for article 38 than for article 39 (agri-environmental measures).
This makes the use of article 38 less attractive for the farmers
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10. About article 38 (Rural Development Reg.)
For the Commission, in spite of the encountered difficulties, article 38 remains an important opportunity in the CAP to help with the implementation of WFD mandatory measures
In the context of the CAP reform, a low uptake may lead to the end of this opportunity
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11. Water Directors invited to discuss:
3. Do the Water Directors acknowledge the added value of article 38 for the achievement of WFD objectives?
4. What are Member-States’ plans on article 38 implementation?
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12. WFD & cross-compliance
18/11/10 Communication on CAP reform:
“The inclusion of the Water Framework Directive within the scope of cross compliance will be considered once the Directive has been implemented and the operational obligations for farmers have been identified”.
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13. WFD & cross-compliance
As a strategic programme, the POM was not expected to contain all details of what needs to be done at farm level but the measures in the POM are to be detailed before 2012 so that they can be put in practice at farm level by then
This may involve detail planning documents, rules or regulations developed by the MS, which will further specify the mandatory measures to be implemented at farm level
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14. WFD & cross-compliance
The format of such specification is not regulated by the WFD and left to the MS
These detailed documents could be the basis to implement cross compliance requirements for the WFD at farm level
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15. Water Directors invited to discuss:
5. The Communication on next CAP mentions the addition of the WFD to cross-compliance requirements.
Do the Water Directors think that cross-compliance requirements could become applicable to the WFD trough the above mentioned measures that need to be detailed by 2012 ?
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16. Mandaotry vs. Voluntary / questions for the WD:
Do the WD share the view that a significant rate of mandatory measures is essential to reach the WFD objectives?
What are MS’ plans on mandatory measures for farmers when implementing the POM?
Do the WD acknowledge the added value of Rural Devlpt article 38 for the achievement of WFD objectives?
What are the plans of MS on article 38?
Do the WD think that cross compliance requirements could become applicable to the WFD through the above mentioned measures that need to be detailed by 2012 ?
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