Expert Advisory Forum on Reporting

WFD

Expert Advisory Forum on Reporting

(WFD – EAF R)

WORKING PAPER

(Version 1.1 – 21/01/2002)

1.- Scope of reporting in Community water legislation

Reporting obligations have a long-established tradition in Community water legislation, dating back to the 1975 Surface Water Directive. Reporting procedures have been established to provide the Commission with information related to legislation established to protect and improve the water resources of the European Union.

Since that date, the means available for managing the information have been widely extended (computers, internet, GIS, …), the information has been opened to the public and two he major changes to the reporting obligations that have taken place are:

- - the adoption of the 1991 Standardised Reporting Directive and subsequent adoption of 1992 and 1995 Commission Decisions on Water Questionnaires, expanding and detailing reporting obligations;

- - the adoption of the 2000 Water Framework Directive, not only restructuring and expanding Community legislation, but also repealing by 2007 and 2013 a range of water legislation addressing selected bodies of water including their reporting obligations, and establishing a coherent system of reporting for all waters.

The WFD introduces a more streamlined reporting process and a clearer distinction between the different information needs of actors at different levels. The main tool for presentation of water status and analysis of impacts and responses is the River Basin Management Plans. Moreover, the plan is the main vehicle for reporting to the Commission.

Moreover, the WFD takes over the role of a number of “old” Directives (Fish water, Shellfish Water, abstraction for Drinking Water, Dangerous substances), and consequently also some of the information and reporting obligations under the Standardised Reporting Directive (SRD). During negotiations on the WFD the Commission has committed itself to an early transition from these old Directives and to a streamlining of reporting obligations under those Directives.

A revision needs to take account of several aspects:

-  the legal obligation to report every three years on water as required by the SRD. However, this 3-annual report on the SRD could be substituted for a smaller report with a different focus than the preceding two reports;

-  the difficulty of a good timing of a radical change in reporting obligations in respect of the ongoing information gathering activities of Member States, including radical revision of the water questionnaires, to avoid that information gathered may be rendered obsolete (and work “wasted”);

-  an early transition to the new ecological indicators and parameters of the WFD and the “loss” of some of the old physical-chemical parameters, taking into account also that the different legal nature of the information collection obligations under the old directives and the WFD.

-  the large volumes of data involved,

-  a proper management of the information concerned so as to ensure that it can be used to serve the optimum of useful purposes

-  the report of timely and accurate information

-  the freedom of access to information on environmental issues.

Data and information on water is also reported to the European Environment Agency through the Eurowaternet information system. Although some of the information provided for the Eurowaternet is stemming from obligations arising from Community water legislation, Eurowaternet is extensively based on voluntary co-operation and provision of information from all involved parties.

2.- Perception of the existing reporting obligations

Reporting obligations by Member States and by the Commission serve the information and awareness raising of the citizen about the state of and/or impacts to the aquatic environment, as well as the information of the Commission in its role as “Guardian of the Treaties”.

The reporting obligations on the Bathing Water Directive, the Urban Waste Water Directive, the Nitrates Directive, the Drinking Water Directive and the Exchange of Information Decision are widely regarded as useful, balanced and serving their information and enforcement purpose. Reports such as those on bathing water quality (annual report) or the state of waste water treatment in the EU (March 2001 Name and Shame Seminar) have attracted considerable interest with the media, Member States, stakeholders and NGOs. Even politically sensitive infringement procedures have never resulted in questioning those reporting obligations.

However, reporting obligations on the Directives on Surface Waters (including the Daughter Directive on Sampling and Analysis Methods), Fishwaters, Shellfish Waters and Groundwaters have for various reasons been subject to discussions on their usefulness. This is true for Member States, which regard them as an undue administrative burden, but also – for wider reasons – for the Commission Services and the European Environment Agency. The latter two point to the rather limited environmental perspective of these reporting obligations, as only a limited share of water bodies is covered by those Directives, and the Directives either leave enormous discretion to Member States which waters they designate (examples: Fishwater, Shellfish Water Directives), or do not establish environmental objectives and environmental reporting, and have been superseded by more recent legislation (example: Groundwater Directive compared to the new Landfill Directive). Similar considerations are also valid for the reporting under the Dangerous Substances Daughter Directives.

3.- Reporting obligations under the existing Directives

3.1 Directives not covered by Standardised Reporting Directive

Topic / Legislation / Article / Comments [1]
Bathing Water / Directive 76/160/EEC / 13
Exchange of Information / Decision 77/795/EEC / 3 / repeal by 2007 (WFD)
Urban Waste Water Treatment / Directive 91/271/EEC / 15
Nitrates Pollution from Agriculture / Directive 91/676/EEC / 10, 11
Drinking Water / Directive 98/83/EEC / 13

3.2 Directives covered by Standardised Reporting Directive

Sampling and Analysis Methods / Directive 79/869/EEC / 8
Drinking Water / Directive 80/778/EEC / 17a / repealed by 98/83/EC
Dangerous Substances Daughter (Mercury 1) / Directive 82/176/EEC / 5(1+2)
Dangerous Substances Daughter (Cadmium) / Directive 83/513/EEC / 5(1+2)
Dangerous Substances Daughter (Mercury 2) / Directive 84/156/EEC / 6(1)
Dangerous Substances Daughter (Hexachlorocyclohexane) / Directive 84/491/EEC / 5(1+2)
Dangerous Substances Daughter Directive (various chloroorganic compounds) / Directive 86/280/EEC / 6(1+2)
Surface Water / Directive 75/440/EEC amended by Directive 79/869/EEC / 4 / repeal by 2007 (WFD)
Fish water / Directive 78/659/EEC / 16 / repeal by 2013 (WFD)
Shellfish / Directive 79/923/EEC / 14 / repeal by 2013 (WFD)
Groundwater / Directive 80/68/EEC / 16(1) / repeal by 2013 (WFD)
Dangerous Substances / Directive 76/464/EEC / 13(1) / repeal by 2013 (WFD)

4.- Reporting obligations in the WFD

4.1 From Member States

List of competent authorities: Article 3.8

RBMP: Articles 13 and 15

3.- Reporting obligations in the WFD

3.1 From Member Sates

A number of preparatory analyses and reports are also of importance. Of particular interest are:

-  the analyses, which must be finalised and reported to the Commission 4 years after the entry into force of the WFD. These analyses present information on river basin (natural) characteristics, economics of water use and human impact and pressures (DPI) and to a certain extent also status (S); (Article 5 & 15)

-  the results of the monitoring give information on status and impact (SI); (Article 8 & 15)(the monitoring network needs to be established after 6 years)

-  the overview of significant water management issues published after 8 years as part of the public consultation process on the draft RBMP adds information on driving forces and pressures (DP).

4.2 From the Commission3.2 From the Commission

4.- Objectives

4.- Objectives

Article 18: implementation report, implementation progress report, interim implementation progress report.

4.3 Summary table of reporting obligations

Subject / Art / Responsibility / To / Due date / Frequency / Review
List of competent authorities / 3.8 / MS / COM / 22/06/2001 / 3 months after change
Characteristics of RBD / human activity / economic analysis / 5,
15.2 / MS / COM / 22/12/2004 / Review
22/12/2013
Every 6 years thereafter
Monitoring programmes / 8,
15.2 / MS / COM / 22/03/2007 at the latest (within 3 months of completion)
RBMP / 15.1 / MS / COM / 22/03/2010 at the latest (within 3 months of completion) / Review
22/12/2015
Every 6 years thereafter
Progress on Implementation of programmes of measures by MS / 11 & 15.3 / MS / COM / Within 3 years of publication of RBMP
Implementation / 18.1 / COM / EP C / 22/12/2012 / every 6 years
Progress by COM / 18.2 / COM / EP C / 22/12/2006
22/12/2008
Interim / 18.3 / COM / EP C / 22/12/2015 / Every 6 years

5.- Objectives of the Forum

4.- Objectives

5.- Objectives

The objectives of the work of the advisory forum are:

-  more targeted data and information collection, in order to avoid duplication and ensure more efficient use of available data and information

-  better access to validated data and information at the relevant level for all relevant users across institutional barriers, including both national levels, within transboundary river basins districts, the Commission and the Eurowaternet of the European Environment Agency

-  an early transition from the data requirements under the “old” Directives (Fish & Shellfish water,Surface water for drinking water abstraction, Dangerous Substances) to the WFD

-  to streamline the reporting process, including an early, thorough revision of reporting obligations and the water questionnaires under the Standardised Reporting Directive. This should cover both an early transition from the “old” Directives and a clearer division of tasks between reporting under the WFD and the bathing water, nitrates and urban waste water Directives.

6.- Reporting during the transition period

6.1 Reporting Cycle

93-95 (Done), 96-98 (Due), 99-01, 02-04, 05-07, 08-10, 11-13

The Member States reports are due 9 months after the reporting period and the Commission one, 18 months after.

Any modification in the questionnaires adopted to fulfil the reporting obligations has to be adopted 6 months before the reporting period.

6.2 Commission Reports on water – Existing situation

Key: FD Fish Directive EoI Exchange of Information

SFD Shell Fish Directive BWD Bathing Water Directive

GWD Ground Water Directive NitD Nitrate Directive

DWD Drinking Water Directive UWWD Urban Waste Water Dir.

SWD Surface Water Directive SRD Standardised Reporting Dir.

DSD Dangerous Substances Directive

6.3 Commission Reports on water – Reporting - Transition

6.4.- Commission Reports on water – Under the WFD regime

8.- Work programme

8.1 Tasks

T0: Preparatory work

- define objectives of reporting

- finalise list of tasks

- agreement on time table

T1: Revision of existing questionnaires for the “transition” period 2002 – 2009 (with the view of simplification) for the following Directives:

Fish and Shellfish waters, Groundwater, Drinking and Surface water.

The questionnaires will be formally approved by the Committee established under the reporting Directive.

T2: Revision of existing questionnaires for the Dangerous Substances Directive

Questionnaires to be approved by the reporting Directive Committee

T3: Preparation of reporting obligations under the Framework Directive

- impact analysis,

- economic analysis,

- monitoring programmes (preparatory phase),

- river basin management plans / progress reports (operational phase).

- dangerous/ priority substances (covered by legislation in force)

T4: Preparation for reporting obligation after the transition period following the revision of the reporting Directive, for:

- drinking water

- bathing water

- urban waste water

- nitrates

- dangerous/priority substances (covered by new legislation)

3.2 Time table

Tasks / 2002 / 2003 / 2004 / ...
T0
T1
T2
T3
T4

9.- Method of work

The forum should work in the overall frame of the revision of the Reporting Directive and take into consideration the output from the GIS – WG.

Small teams of MS shall be created and be responsible for the completion of each of the tasks identified in the WP.

Task / Responsible / Member / Member / Member
0. Preparatory work / COM / EAFR
1. Revision of questionnaires 2002-2009 / COM
2. Revision of questionnaires dangerous substances / COM / EAF PS
3.1 Impacts Analysis
3.2 Economic Analysis
3.3 Monitoring Programmes
3.4 WFD Implementation (RBMP)
4.1 Reporting DW
4.2 Reporting BW
4.3 Reporting UWW
4.4 Reporting Nitrates
4.5 Reporting DS (New) / COM / EAF PS
5. ‘Real Time’ Information

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[1] SRD Standardised Reporting Directive 91/692/EEC

WFD Water Framework Directive 2000/60/EEC