Implementation of the Water Convention, including its complementary role to the EU Water Framework Directive

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Implementation of the Water Convention, including its complementary role to the EU Water Framework Directive Experience of Serbia Dragana Milovanović Ministry of Agriculture, Forestry and Water Management Water Directorate Republic of Serbia

Transit rivers: 162 billion m 3 per year. National rivers: 16 billion m 3 per year SERBIA Surface area: 88,361 km 2 Population: 9,500,000 SURFACE WATER River Station Discharge (m 3 /s) Q av Q min 95% Q max 1% Danube Bezdan 2267 952 7017 Pančevo 5264 1976 15311 Tisa Senta 794 134 3914 Sava Sr. Mitr. 1535 272 6379 Morava Lj. Most 234 35 2396 Drina Radalj 362 69 4940

The Stabilization and Association Agreement (SAA) between the European Communities and their member states, of the one part, and the Republic of Serbia, of the other part, entered into force on 1 September 2013, after the EU notified Serbia on 24 July 2013 that the ratification process had been completed.

Water Management: Legal Basis 1. The Water Law entered into force on 15 May 2010. 2. Implementing legislation within 2 years of the effective date of the Water Law: 40 of 70 pieces of implementing legislation required by the Law have been enacted to date. 3. Water Management Strategy by the end of 2014. 4. Water Management Plans for the Danube River Basin and water districts by the end of 2014. 5. Annual Water Management Program. 6. Water Management Master Plan of the Republic of Serbia. 7. Conventions, agreements, protocols international cooperation.

UNECE Water Convention: Ratification The Republic of Serbia is a party to the Convention since November 2010. Ratification required the usual national ratification act. The Ministry of Agriculture, Forestry and Water Management drafted the Ratification Act. Several ministries had to give their consent. The draft Act was discussed and agreed on in Parliament. The Convention provides strong legal back-up in case of transboundary water issues.

UNECE Water Convention: Implementation The Water Convention as a framework, detailed obligations bilateral and multilateral agreements. Implementation of the Water Convention includes various measures: Entry into bilateral agreements with neighboring countries on matters addressed by the Convention; Enactment of new regulations, primarily in the water sector; Building and strenghtening of relevant institutional and economic capacities in connection with the prevention, control and reduction of pollution and transboundary impacts, water and environmental monitoring, research and development, etc. http://www.unece.org/env/water/

EU Water Framework Directive (2000/60/EC) Framework for the protection of all kinds of waters. Main goal: to achieve good status of all waters by 2015. Way to the goal: development of River Basin Management Plan & Programme of Measures. Milestones defined: 2004 Characterization Report 2007 Monitoring Report 2009 development of first River Basin Management Plan 6-year cycle WFD managing unit: River Basin District Serbia began implementing the WFD within the ICPDR (International Commission for the Protection of the Danube River) Danube RBD: covers both EU and non-eu Member States 7

Water Framework Directive: Key Elements Protecting all waters, surface waters and ground waters, in a holistic way. Addressing all impacts on water. Good quality ( good status ) to be achieved, as a rule, by 2015. Surface water status is defined in terms of biology, chemistry and morphology, and groundwater in terms of quantitative and chemical status. Combined approach of emission controls and water quality standards, plus phasing out of particularly hazardous substances. 8

Water Framework Directive: Key Elements Management of the river basin: integrated water management. The challenge of shared river basins. River Basin Management Plans. Economic instruments: cost recovery and equitable charging to promote prudent use of water. Public participation: getting citizens and stakeholders involved. 9

WFD: Implementation Step by Step May 2010: Partial transposition into national law. December 2011: First analysis Description of water bodies Review of pressures May 2012: Monitoring programs according to WFD provisions (methodology, no full coverage) costly process. Preparation of River Basin Management Plan. Adoption of River Basin Management Plan and Program of Measures government decision planned for December 2014.

WFD: Integrating EU Water Policy Measures under Water Framework Directive Coordination of all other measures drinking water bathing water urban waste water Nitrates Ground water IPPC & other industry discharges chemicals pesticides biocides landfills sewage sludge

The Danube River Basin is shared by 19 states (14 with significant catchment areas). The middle course of the Danube runs through Serbia or along its state border: 588 km or 20.6% of total length. Two major tributaries join the Danube in Serbia: the Tisa (largest in terms of catchment area) and the Sava (most significant in terms of volume). The catchment area of the largest left tributary of the Danube the Tisa is shared by 5 states (Ukraine, Slovakia, Romania, Hungary and Serbia). The lower course of the Tisa, 160 km of 966 km (16.6% of total length), runs through Serbia. The catchment area of the largest right tributary of the Danube the Sava is shared by 6 countries (Slovenia, Bosnia & Herzegovina, Croatia, Albania, Montenegro and Serbia). The lower course of the Sava, 210 km (or 25.6% of total length), runs through Serbia. The catchment area of the largest right tributary of the Sava the Drina is shared by 4 states (Albania, Montenegro, Bosnia & Herzegovina and Serbia). The Tamiš, the Timok, the Nera, the Karaš, the Nišava and a number of smaller rivers cross or define the state border. River Network Serbia on the Danube: most of the territory (more than 90%) falls within the Danube River Basin. All major rivers (except the Morava) define or cross the state border.

Synopsis of International Cooperation BILATERAL Active bilateral cooperation with Hungary and Romania (agreements date back to 1955) new agreements needed. Inactive bilateral cooperation with Bulgaria (agreement dates back to 1958 but no cooperation since 1982) new agreement. No agreements at present with neighboring internationally-recognized states (Croatia, Bosnia & Herzegovina, Montenegro and Macedonia) following the breakup of the former Yugoslavia, shared rivers and groundwater resources acquired transboundary status, which requires the establishment of inter-governmental and international cooperation in the field of water bilateral agreements. MULTILATERAL Convention on Protection and Sustainable Use of the Danube River (Sofia Convention, 1994) since 2003. Framework Agreement on the Sava River Basin (2002). UN ECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Helsinki Water Convention, 1992) since 2010.

Hungary Bilateral cooperation between Serbia and Hungary based on the Agreement on Water Management Affairs (1955). The Agreement has become obsolete: many provisions of the Agreement and accompanying regulations and methodologies no longer apply due to significant changes on the ground in the interim. The outcomes of implementation of the Agreement only partly satisfactory. Cooperation to date has addressed relatively short stretches of shared watercourses, which is contrary to EU water directives. An agreement consistent with EU Directives has been drafted currently being harmonized.

Romania Bilateral cooperation between Serbia and Romania based on the Agreement on Hydraulic Engineering Affairs (1955). The Agreement has become obsolete: many provisions of the Agreement and accompanying regulations and methodologies no longer apply due to significant changes on the ground in the interim. The outcomes of implementation of the Agreement only partly satisfactory. Cooperation to date has addressed relatively short stretches of shared watercourses, which is contrary to EU water directives. An agreement consistent with EU directives has been drafted. Negotiations initiated in 2010.

Contracting Parties: Austria, Bosnia & Herzegovina, Bulgaria, Croatia, Czech Republic, Germany, Hungary, Moldova, Montenegro, Romania, Slovakia, Slovenia, Serbia, Ukraine and EU. UNECE Water Convention http://www.icpdr.org

ICPDR: International Commission for the Protection of the Danube River The ICPDR, established by the DRPC: has the mandate to ensure conservation, improvement and rational use of surface waters and groundwater reduce inputs of nutrients and hazardous substances control floods and ice hazards reduce pollution loads to the Black Sea 17

Danube 800,000 km²; 80 M people 18

Significant Water Management Issues Nutrients Organic pollution Hazardous substances Hydromorphological alterations Groundwater Organic Pollution Hazardous Substances Pollution 19 Groundwater Nutrient Pollution

Danube River Basin District Management Plan, 2009 20

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22

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Status of transboundary GW bodies of Danube basin-wide importance In order to focus on the issues of basin-wide concern, criteria were developed for identifying those transboundary GWBs which are of basinwide importance. Transboundary GWBs important due to the size of the groundwater body (area >4,000 km²) or Ff size smaller than 4,000 km², transboundary GWBs important due to various other criteria such as socio-economic importance, uses, impacts, pressures, interaction with aquatic eco-system. Other GWBs, even those with an area larger than 4,000 km2, which are fully situated within one country of the DRB, are dealt with at the national level. Danube countries have identified and nominated 11 transboundary GWBs or groups of GWBs.

Transboundary GW bodies of Danube basin-wide importance Source: ICPDR, 2009

Joint Programme of Measures The Joint Programme of Measures (JPM) builds upon the results of the pressure analysis and water status assessment, and includes, as a consequence, measures of basin-wide importance oriented towards the agreed visions and management objectives for 2015. It is firmly based on national programmes of measures, which shall be made operational by December 2012, and describes the expected improvements in water status by 2015. The ICPDR s basin-wide vision for groundwater quality is that the emissions of polluting substances do not cause any deterioration of groundwater quality in the Danube River Basin District. Where groundwater is already polluted, restoration to good quality will be the ambition. The ICPDR s basin-wide vision for groundwater quantity is that the water use is appropriately balanced and does not exceed the available groundwater resource in the Danube River Basin District, considering future impacts of climate change.

REGIONAL LEVEL Sava Tisa 27

http://www.icpdr.org/main/danube-basin/tisza-basin 28

FASRB Basic facts The first development-oriented multilateral agreement in the region signed after the geopolitical changes in the 1990s. Parties: Bosnia & Herzegovina Croatia Serbia (formerly FR Yugoslavia, Serbia & Montenegro) Slovenia (Montenegro ongoing contacts on possible approach) Implementation coordinated by the ISRBC. Republic of Macedonia - Observer 29

FASRB Why transboundary cooperation? Geopolitical changes in the region in the 1990s main challenge for water resources management in the basin. Sava: the largest national river international river Water management restricted to national level of newly established countries. New, international framework required to manage water resources on the basin level 30

FASRB Key objective: Transboundary water cooperation for sustainable development of the region Particular objectives to establish: International regime of navigation Sustainable water management Sustainable management of hazards (floods, droughts, accidents involving water pollution, etc.) Provides the ISRBC with the broadest scope of work among European international basin organizations (i.e. river/lake commissions) 31

FASRB Principles of cooperation Cooperation on the basis of sovereign equality, territorial integrity, mutual benefit and good faith in order to achieve the goals of the FASRB Cooperation in accordance with the EU WFD Regular exchange of information within the basin (on the water regime, navigation regime, legislation, organizational structures, administrative & technical practices) Cooperation with international organizations (UNECE, EU, ICPDR, DC) 32

FASRB Principles of cooperation (cont.) Reasonable and equitable use of water Securing integrity of the water regime in the basin Reduction of transboundary impacts caused by economic and other activities of the Parties Prevention of causing significant harm to other Party(ies), when using water of the Sava River Basin 33

FASRB Key features of the approach Added value (cont.) Aligned with UNECE and EU regulation / strategies UNECE conventions EU directives, EU Danube Strategy, EU 2020 Strategy Subregional ( finer resolution and complementarity of results with those obtained on a regional, Danube scale) Pragmatic and practical providing the Parties with concrete products (strategic plans, integrated systems, harmonized regulation, improved infrastructure) Educative Non-formal education (permanent and ad-hoc capacity building) Informal education (awareness raising) 34

FASRB Key features of the approach Challenges / obstacles to implementation Resolving conflicts of interests of different water users (within a country / between countries / climate change) Financing Preparation of strategic plans Establishment of integrated systems Priority projects / strategic studies Differences between the countries Status with respect to EU & eligibility for approaching funds Level of economic development (financial resources) Organizational structure in decision-making process Environmental awareness of the public 35

Water Convention and WFD: Serbia After becoming party to the Convention, implementation focused on: Continuation of active participation in Water Convention activities - initiated during the ratification process No additional structures, resources Complementary implementation of WFD and Water Convention: regional level ICPDR, Sava Commission and bilateral Cooperation with Romania and Hungary on the basis of old agreements Drafting and negotiation of bilateral agreements with neighboring countries EU WFD, UNECE WC

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