Informal Meeting of Water and Marine Directors of the European Union, Candidate and EFTA Countries

Warsaw, 8-9 December2011

Informal meeting of Water and Marine Directors

of the European Union, Candidate and EFTA Countries

Warsaw, 8-9December 2011

FinalSynthesis

Introduction

The Water and Marine Directors of the European Union[1] (EU), Candidate Countries[2] and EFTA Countries[3]met on 8-9 December 2011 in Warsaw (Poland) in order to discuss, in particular:

  • The progress in the Water Framework Directive (WFD) and Marine Strategy Framework Directive (MSFD) Common Implementation Strategy (CIS) and the preparation of a new Work Programme for the MSFD CIS;
  • A first package for 2012 reporting under the MSFD;
  • The preparation of the assessment under Article 12 MSFD;
  • The Commission proposals for the Multi-annual Financial Framework (on regional funds, agriculture, research and fisheries) and its implications for water
  • The preparation of a common workshop on Water and Marine Strategy Framework Directives
  • The progress in the preparation of the Commission’s 2012 Blueprint to Safeguard European Water Resources, including some preliminary findings of the assessment of the river basin management plans and the state of play of the preparation of the EEA 2012 State of Water report
  • A proposal for a pilot exercise on the feasibility of a watch list for emerging pollutants
  • A Technical Report on groundwater dependent terrestrial ecosystems
  • A report on Recommendations for the review of the Annexes of the Groundwater Directive
  • A Guidance Document on the inventory of emissions, discharges and losses
  • A Concept paper on the intercalibration of Good Ecological Potential
  • The reporting sheets for the Flood Risk Management Plans
  • The state of play of the intercalibration exercise
  • The progress on the developments of indicators for Water Scarcity and Droughts
  • The Progress on Directives on urban wastewater, drinking water and bathing water
  • The preparations for the 2012 World Water Forum in Marseille
  • Information points related to the implementation of the Water Framework Directive and the Marine Strategy Framework Directive

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

Outcome of the meeting

PART 1: MARINEDIRECTORS' MEETING

Mr Andrzej Jagusiewicz (PL Presidency) and Mr Claude Rouam (Commission, DG Environment) welcomed the participants.

Item 1 – Common Implementation Strategy activities for the MSFD

1.1) Overall progress on the implementation

The Commission presented the progress on the transposition and the reporting on competent authorities. GR informed that they had reported their competent authorities recently.

Furthermore, the Commission Staff Working Document is now finalised which explains the relationship between Annex I and Annex III of the Directive.

As an outcome of the Marine Strategic Coordination Group, a number of documents have been finalised which are now ready for endorsement. In particular the document on 'Marine Litter:Technical recommendations for the Implementation of MSFD Requirements'. Comments had been taken into account following the MSCG. Furthermore, the work programmes 2012 and beyond of the Technical Sub-Groups on Marine Litters and on Underwater Noise has been finalised and agreed by the MSCG.

The disclaimer of the marine litter report was amended to include all individual Member States in line with the Commission and the participating institutes. With this minor change the final report on marine litter and the work done on this issue and on underwater noise was appreciated and Marine Directors took note of it. With regard to the work programme 2012 and beyond, a number of additions were mentioned. Especially it would be worthwhile to pay more attention to the sources of marine litter. It was recognized that the work of the Technical Subgroup is just one element, directed towards the MSFD implementation and that much work is done on marine litter in other fora. It was therefore stressed that the issue of marine litter and underwater noise should be discussed in a more comprehensive manner at the next Marine Directors meeting. Finally, Germany offered to organize an international conference on marine litter at the end of 2012/beginning of 2013.

The Marine Directors took note of the provided information. Furthermore, the Marine Directors endorsed the work programmes and proposed to discuss marine litter and underwater noise in more detail at the next meeting.

1.2) Finalisation of common understanding document on Good Environmental Status (GES)

Germany presented the document which represents the current status of common understanding which should be understood as a living document. Important elements are coherence and consistency between the articles 8, 9 and 10. As a next step, it will be important to find examples and take account the national approaches currently under development. On this basis, an assessment philosophy for GES should be further developed. Other aspects to look at further are the geographic assessment scales and the synergies between the MSFD, the WFD and the Habitats Directive and use the Article 12 process to make progress in order to ensure the necessary coherence and comparability. Also the work should continue as proposed.

The Marine Directors endorsed the current common understanding paper as a living document and the future work plan.

1.3) Finalisation of reporting package

The Commission presented a package of documents related to the first substantial reporting obligation under the MSFD which will require MS reporting on Articles 8 (initial assessment), 9 (good environmental status) and 10 (environmental targets) by October 2012. The documents included a concept paper, reporting sheets for articles 9 and 10 and some examples for reporting sheets under Article 8 as a basis for further work.

Based on the overview presented in the recommendation paper, the Marine Directors were able to endorse a set of conclusions and a follow up process which are enclosed in Annex III. Equally, the Marine Directors endorsed a revised concept paper which sets the approaches and framework for MSFD reporting(see Annex IV). On this basis, the work on 2012 reporting will continue and the Commission will present a complete reporting package at the next Marine Directors’ meeting in June 2012.

Marine Directors highlighted in particular the importance to create synergies with other related initiatives to gather marine knowledge and data, in particular EMODNET and INSPIRE and the way in which this should be organised. The Working Group DIKE should discuss, starting with Drafting Group in January, on how to ensure that these initiatives are mutually supportive to the implementation of the MSFD and the related reporting efforts of the Member States.

1.4) Article 12 assessment

The Commission introduced a discussion paper on its early reflections on its intentions regarding the assessment that it has to carry our under Article 12 of the MSFD. The document concluded with the five questions which aimed at structuring an orientation debate of Marine Directors.

DE and UK presented their reflection paper on the process which included a number of recommendations including the need to recognise the existing information gaps and to reflect on the possible revision of the Decision in order to close some of these gaps. A way forward could be to identify together the “priority gaps” and discuss together the best way on how to close them bearing in mind the objective for improving coherence.

During the discussion, Marine Directors shared the view that this process should be used as an opportunity. However, Marine Directors underlined that the assessment should not expect Member States to change the finalised and formalised documents and reports submitted by Member States in the context of the Article 8, 9 and 10 reporting. The follow up process should rather ensure that the lessons learnt are incorporated in the preparation of the next steps of the implementation (in particular monitoring, measures or the 2018 revision of the assessment) with the view to closing existing gaps and increasing coherence and consistency. The link to reporting was also stressed as important. Moreover, Marine Directors felt that there should also be role for the Regional Sea Conventions (RSCs) in this process which should be explored further. The secretariats of the RSCs could already provide input and information.

In conclusion, Marine Directors took note of the initial ideas of the Commission and welcomed the opportunity for an orientation debate. Marine Directors also invited the Commission to continue the discussion with all WGs and the MSCG,taking into account this orientation debate and the document prepared by UK and DE. As a next step, Marine Directors asked the MSCG to report back to the next Marine Directors' meeting on the outcome of these discussions.

1.5) Future work programme and organisation

The Commission presented some ideas for the future organisation of the MSFD Common Implementation Strategy and preparation of a future work programme.

The Marine Directors took note of the proposals and agreed to have a closer relationship between the three working groups and to have more expert discussions for which workshops could be used rather than extending the number of permanent groups. Also use should be made of knowledge developed in Regional Seas Conventions and synergies should be further increased (see also agenda item 3.2).

The Marine Directors invited the Commission to prepare a draft work programme for 2012 – 2014 for the next Marine Directors’ meeting taking into account the suggestions made, the specific work programmes agreed earlier and following consultation of the MSCG.

Item 2 – Strategic policy discussion and integration issues (information points)

2.1) Maritime Spatial Planning and Integrated Coastal Zone Management

The Commission presented briefly the progress in the preparation of the joint Commission initiative on these issues. Marine Directors welcomed and took note of the information. Marine Directors took note of the fact that the Commission is considering all options, including binding and non-binding ones, for a possible future Commission initiative.

2.2) Offshore package proposals (legislation, ratification MED protocol)

The Commission presented briefly the proposals related to offshore safety of October 2011. Marine Directors took note of the information.

2.3)Blue Growth – state of preparation

The Commission presented briefly the state-of-play on the preparation of the 2012 initiative on Blue Growth. Marine Directors took note of the information.

Item 3 – International issues (information points)

3.1)Barcelona Convention COP

France presented the state-of-play of the preparations for the next Conference of the Parties under the Barcelona Convention which will be held from 8-10 February 2012 in Paris. The COP is expected to adopt a number of technical decisions which were welcomed in a consensual way at the recent National Focal Point meeting on the Mediterranean Action Plan in Athens. In addition, a “Mediterranean Message for Rio+20” will be prepared as part of the future Ministerial “Paris Declaration” of the COP.

France will transmit within the next ten days a draft of this declaration and will invite Contracting Parties for comments. Marine Directors took note of the information.

3.2) Co-ordination between marine regions / regional sea conventions

The Commission presented the need for fostering the cooperation between the marine regions / regional sea conventions. The Commission is starting to reflect on a number of ideas and also has now some resources available for such activities. Such reflections could be incorporated in the future work programme (see 1.5). For instance, a workshop for fostering the coordination between and within the Regional Sea Conventions could be organized.

Marine Directors were invited to send their views and ideas to the Commission which will come back with some more detailed suggestions at the next meeting. Marine Directors took note of the information.

3.3)Rio+20: marine issues

Commission presented the state-of-play of the preparations for Rio+20 (new dates: 21-24/06/2012) in relation to marine issues. The marine topics are biodiversity beyond national jurisdiction, regular process for assessing the state of the marine environment, further development of the integrated approach, global action plan on marine litter and coral reef initiative. Marine Directors took note of the information.

PART 2: JOINT WATER AND MARINE DIRECTORS' MEETING

4. Multi-Annual Financial Framework – perspectives for the water and marine environment following adoption of Commission proposals

a)Common Agriculture Policy – proposals for the new financing instruments

The Commission presented the main elements of the legislative proposals for the CAP reform.

The Marine and Water Directors took note of the presentation. The Marine and Water Directors stressed the importance of the CAP for water and marine protection. The Commission proposal goes in the right direction, although some Marine and Water Directors would have liked to see more ambition in it.

The Commission stressed that negotiation is on-going.Marine and Water Directors realised the need to get actively involved at national level to contribute to the discussions and to ensure that water protection features adequately in the final legislation adopted by Council and Parliament. Informal discussions on the implementing rules are also starting. As regards cross compliance, the Commission recalled the importance of defining clearly the obligations at farm level and recalled the guidance endorsed by Marine and Water Directors at their last meeting. Finally, in the context of rural development, the Commission insisted on the fact that priorities for the next budget period (2014-20) are already in preparation at national level and therefore the Marine and Water Directors should act to ensure in a timely manner that water protection is given adequate attention.

b)Common Fisheries Policy - proposals for the new financing instruments reform

The Commission presented the recent proposal for a European Maritime and Fisheries Fund (EMFF) highlighting in particular the green pillars with several elements linking to the marine environment and biodiversity policy. Marine and Water Directors took note of the information.

c)Structural Funds - proposals for the new financing instruments

The Commission presented the new proposal for the future Structural Funds. Marine and Water Directors took note of the information. The partnership contracts for the next budget period (2014-20) will be discussed by the Commission and the national authorities in the first half of 2012 and Water Directors should ensure that water issues are appropriately reflected.

d)Horizon 2020 – Common Strategic Framework for research and innovation

The Commission presented the recent proposal for a future Common Strategic Framework for research and innovation. Marine and Water Directors took note of the information.

5. Other issues

a)Biodiversity, water and marine

The Commission presented a short paper on the past, ongoing and future work on answering frequently asked question on links between the Water Framework Directive, Marine Strategy Framework Directive and the Habitat Directive. The draft documents should be finalised early next year after further consultation of the respective Working Groups under different umbrellas. After the finalisation, a third paper on MSFD/WFD links could be prepared building on the envisaged workshop (see item 5b).

The Marine and Water Directors took note of the information and encouraged further work to clarify links and synergies in the implementation of these directives.

b)WFD and MSD common workshop

FR indicated it intends to organise the workshop on links between WFD and MSFD in June 2012. Water and Marine Directors welcomed the initiative and UK offered to help in the preparations.Other Member States interested to join the Steering Committee should contact France before the end of 2011.

The issues of landlocked countries will be included in this workshop.

c)Upcoming Presidencies (DK/CY/IE)

Marine and Water Directors took note of the information provided by the upcoming presidencies. DK outlined the environmental priorities for its Presidency and confirmed that the next Water and Marine Directors Meeting will be held in Copenhagen on 4-5 June 2012. CY announced that the Water and Marine Directors meeting will be held in Limassol on 28-29 November 2012, directly after the Conference to present the Blueprint that will be held on 26-27 November in Nicosia. Ireland confirmed they are aiming to organise the Water and Marine Directors meeting in Dublin.

PART 3: WATER DIRECTORS' MEETING

Mr Leszek Baginski (PL Presidency) welcomed the participants.

Special session on the 2012 Blueprint to Safeguard Europe's Water Resources

a)Preliminary findings of the RBMP assessment

The Water Directors took note of the paper and presentation by the Commission.

b)State of play of EEA Report on the State of the Water Environment