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

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

3. 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

4. Planning RD-policy 2014-'20: timeline
MS and all ESI Funds
MS and individual Funds
Common Provisions Regulation (R.1303/2013) published:
RD Regulation (R.1305/2013) published:
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

5. 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

6. 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

7. 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

8. 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

9. 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)

10. 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.

11. 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 : (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

12. 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 (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 : (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

13. 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

14. 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.

15. 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

16. Thank you for your attention!