““Key challenges in the implementing law within Key challenges in the implementing law within transboundary basins – selected case studies, transboundary basins – selected case studies,

presentations by GWP Participants”presentations by GWP Participants”……………………………………………………………………………………………..……………………………………………………………………………………………..

Legal and practical aspects of the bilateral Legal and practical aspects of the bilateral relations between Bulgaria and Greece relations between Bulgaria and Greece

coordination of cooperation in trans-boundary coordination of cooperation in trans-boundary water managementwater management

(River basins: - Struma, Mesta, Arda and Maritsa)(River basins: - Struma, Mesta, Arda and Maritsa)

  

Vladimir Stratiev - BulgariaVladimir Stratiev - Bulgaria

CONTENT:CONTENT:

I. Legal framework of interstate relations in the cooperation I. Legal framework of interstate relations in the cooperation in the field of trans-boundary water management.in the field of trans-boundary water management.

II. Characteristics of the river basins in Bulgaria. Initial II. Characteristics of the river basins in Bulgaria. Initial hypotheses for the possible forms of transboundary hypotheses for the possible forms of transboundary water management.water management.

III. Legal aspects and major challenges in trans-boundary III. Legal aspects and major challenges in trans-boundary water management between Bulgaria and Greece in the water management between Bulgaria and Greece in the common European legal framework and in accordance common European legal framework and in accordance with bilateral agreements.with bilateral agreements.

IV. Summary and conclusions on the issues and legal IV. Summary and conclusions on the issues and legal aspects of trans-boundary water management from the aspects of trans-boundary water management from the experience of Bulgaria and Greece.experience of Bulgaria and Greece.

Legal framework of interstate relations in the Legal framework of interstate relations in the cooperation in the field of trans-boundary cooperation in the field of trans-boundary water management.water management.

1. Instruments of international law - UN documents and international 1. Instruments of international law - UN documents and international conventions with a subject to the environment and water.conventions with a subject to the environment and water.

2. European legal framework for environmental protection and water 2. European legal framework for environmental protection and water management.management.

3. National legislation of the Republic of Bulgaria relevant to 3. National legislation of the Republic of Bulgaria relevant to the field of water management.the field of water management.

4. The 50- year history of bilateral international instruments in 4. The 50- year history of bilateral international instruments in relations between Bulgaria and Greece on water relations between Bulgaria and Greece on water management.management.

- - art. 5 of CRB art. 5 of CRB the implementation of the international agreements in the the implementation of the international agreements in the Bulgarian judicial systemBulgarian judicial system;;

- - art. 18 of CRBart. 18 of CRB - special laws and exclusive status of the waters and the - special laws and exclusive status of the waters and the protected areasprotected areas;;

- - art. 24 and art. 85 of art. 24 and art. 85 of the CRB the CRB – the base for– the base for the foreign policy of the foreign policy of Bulgaria, and the participation in international treatiesBulgaria, and the participation in international treaties;;

- - International agreements Act, the Agreement for the joining of Bulgaria to International agreements Act, the Agreement for the joining of Bulgaria to the EU the EU;;

-- TheThe Water Act from 2000 and its systematic importance for the all main Water Act from 2000 and its systematic importance for the all main transpositions of European water directives; transpositions of European water directives;

-- Other connected to it ecological laws – the Environment Act and these for Other connected to it ecological laws – the Environment Act and these for the protected areas and biodiversity, management of the waste the protected areas and biodiversity, management of the waste treatment, responsibility for covering the environmental damages and treatment, responsibility for covering the environmental damages and etc.etc.

- - Laws regulating activities of water use and public services in water sector;Laws regulating activities of water use and public services in water sector;

I.3. National legislation of the Republic of Bulgaria I.3. National legislation of the Republic of Bulgaria relevant to the field of water management.relevant to the field of water management.

І.4. І.4. Bilateral international instruments in relations Bilateral international instruments in relations between Bulgaria and Greece on water management:between Bulgaria and Greece on water management:

І.4.1. І.4.1. The both Bilateral Agreements from The both Bilateral Agreements from 19641964 – one is into force to – one is into force to 2024; 2024;

І.4.2. І.4.2. Agreement from Agreement from 19721972 – no any activity…. ; – no any activity…. ;

І.4.3. І.4.3. Agreement fromAgreement from 1995 1995 for usage of water in Mesta river basin;for usage of water in Mesta river basin;

- many disputes are blocking the Agreement- many disputes are blocking the Agreement ;;

І.4.4. І.4.4. Conclusions from the 50-year history of the bilateral relations;Conclusions from the 50-year history of the bilateral relations;

І.4.5.І.4.5. Joint Declaration of the ministers of the Environment Joint Declaration of the ministers of the Environment from 2010from 2010..

Summary of conclusions about the experience Summary of conclusions about the experience of Bulgaria in the bilateral agreements with of Bulgaria in the bilateral agreements with GreeceGreece• The review of the bilateral agreements include their main objectives and significance,

the assessment of the nature of the obligations of the parties, the existence of legal mechanisms and marking the positive and negative aspects of the agreements;

• There are identified as problems the one-sided and mostly aimed for water usage nature of these arrangements,

• their directions to ensure the economic interests of the downstream country for an regular annual supply of the fresh water resources on responsibility of the upstream country,

• also the lack of environmental objectives and systematic approach in the regulation of the bilateral relations;

• The agreements are associated with tense historical and diplomatic relations, with different positions on the perspectives and interests in this field;

• the lack of effective and constructive dialogue within this framework;

• In the agreements there are no mechanisms or goals for the development and improvement these relations;

• The framework is unable to display the current contemporary issues and necessary solutions on water management cooperation between the two countries;

• Confidence and assurance of reciprocity and mutual interest are lacking in this process and in the main aspects of the bilateral relations.

II. General hydrographic and territorial II. General hydrographic and territorial characteristics of the river basins between characteristics of the river basins between Bulgaria and neighbouring countriesBulgaria and neighbouring countries..

ІІ.1. ІІ.1. Hydrographic and territorial characteristicsHydrographic and territorial characteristics..

- 4 - 4 districts of basin management;districts of basin management;

- - boundary and transboundary riversboundary and transboundary rivers – – Danube, MaritsaDanube, Maritsa, , RezovskaRezovska, , TimokTimok;;

- - distribution of the river basins on Bulgarian territory distribution of the river basins on Bulgarian territory – – ArdaArda, , MaritsaMaritsa, , TundjaTundja – – the point of their merging is around the point of their merging is around Edirne Edirne , , Turkey;Turkey;

- - Struma, Mesta and DospatStruma, Mesta and Dospat – – all the down-streams are on the all the down-streams are on the North Greece territoryNorth Greece territory;;

- - datadata for the river basins and their annual flowfor the river basins and their annual flow – constant – constant fresh water sourcesfresh water sources to Greece (to Greece (further are given also maps further are given also maps and schemes to illustrate this).and schemes to illustrate this).

Maritsa

Tudja

Arda

T

The main river basins in East-Aegean river basin districtThe main river basins in East-Aegean river basin district

West –Aegean river basin West –Aegean river basin districtdistrict

Main data for the rivers and river basins in South Main data for the rivers and river basins in South BulgariaBulgariaWest Aegean river basin district Territory – 11 965 km2 /11 % of the territory of Bulgaria/Main rivers: Struma: length (290 km); - area 8545 km2; flow – 2 242 700 000 m3;Mesta: - - (125 km); - area 2789 km2; flow - 950 000 000 m3;Dospat: - - (96 km); - area 636 km2; flow - 182 900 000 m3; East Aegean river basin district Territory - 35 200 km2 - /32 % of the territory of Bulgaria/ Population – 2 402 134Common length of the main rivers – (912,6 km) Main rivers: Maritca: length (305 km); - area 21084 km2; flow – 3 403 000 000 m3;Tundja: - - (337 km); - area 8029 km2; flow - 1 252 290 000 m3;Dospat: - - (231 km); - area 5273 km2; flow - 2 289 000 000 m3;

Common Fresh Water Flow from Bulgaria territory through the main rivers to the border of Greece – over 7 500 000 000 m3 annually! 

ІІІІ..2.2. Initial hypotheses scenarios (options) in view of Initial hypotheses scenarios (options) in view of hydrographic features of the location of river basins hydrographic features of the location of river basins and river stream against state frontiers.and river stream against state frontiers.

• Significance of the location of the state boundaries according to the Significance of the location of the state boundaries according to the river beds and water courses and the territory of water bodies - river beds and water courses and the territory of water bodies - scenarios (hypotheses);scenarios (hypotheses);

• Placement of the border crossing the river streamPlacement of the border crossing the river stream – – up-stream and up-stream and down stream territoriesdown stream territories;;

• Placement of the border in the middle of the river stream – left bank Placement of the border in the middle of the river stream – left bank – right bank– right bank;;

• Mixed cases – the border is crossing the rivers and follows the Mixed cases – the border is crossing the rivers and follows the course, incl. to its estuary upon entering the rivers in the seacourse, incl. to its estuary upon entering the rivers in the sea;;

• Status of the territories of the river basins and the role of state Status of the territories of the river basins and the role of state sovereignty.sovereignty.

II.3. Participation of Bulgaria in international agreements in II.3. Participation of Bulgaria in international agreements in the field of water.the field of water.

• Two Conventions in the Danube river basin ;Two Conventions in the Danube river basin ;

• Convention for the protection of the Black Sea – BSC;Convention for the protection of the Black Sea – BSC;

• Bilateral agreement with Romania for the implementation of the Bilateral agreement with Romania for the implementation of the WFD;WFD;

• Bilateral agreements with Turkey – Common Agreement for the Bilateral agreements with Turkey – Common Agreement for the cooperation in the field of the environment, ad hoc Agreement cooperation in the field of the environment, ad hoc Agreement since 1993 for supplying of water against payment for the since 1993 for supplying of water against payment for the irrigation and the Joint declaration between the ministries from irrigation and the Joint declaration between the ministries from 2012 for cooperation in water resources management.2012 for cooperation in water resources management.

III. Legal aspects and major challenges in trans-boundary III. Legal aspects and major challenges in trans-boundary water management between Bulgaria and Greece in the water management between Bulgaria and Greece in the common European legal framework and in accordance with common European legal framework and in accordance with bilateral agreements.bilateral agreements.

ІІІ.1.1ІІІ.1.1 Legal aspects of the WFDLegal aspects of the WFD• Guiding principle of the EU directives in the of water – WFD,Guiding principle of the EU directives in the of water – WFD, FRMD, the FRMD, the

Directive 271 concerning urban waste water MSFD and others.Directive 271 concerning urban waste water MSFD and others.

• A major highlight is the introduction of basin water management and the set of A major highlight is the introduction of basin water management and the set of activities for the preparation of management plans for the river basins.activities for the preparation of management plans for the river basins.

• The WFD requires an ecosystem approach and integrated water management;The WFD requires an ecosystem approach and integrated water management;

• In article. 3 and art. 13 of the WFD are provided principles for determining the In article. 3 and art. 13 of the WFD are provided principles for determining the transboundary bodies and principles for developing common plans for the transboundary bodies and principles for developing common plans for the management of international river basins and coordinating relevant RBMP management of international river basins and coordinating relevant RBMP where the river basins from the relevant territories are within the international where the river basins from the relevant territories are within the international river basin district. river basin district.

• The purpose of these and other provisions of the WFD is to ensure common, The purpose of these and other provisions of the WFD is to ensure common, equal and widespread implementation of the requirements of art. 4 of the WFD equal and widespread implementation of the requirements of art. 4 of the WFD in setting environmental objectives in the process of water management and in setting environmental objectives in the process of water management and the development of programs of measures in the RBMPs in every EU member-the development of programs of measures in the RBMPs in every EU member-state.state.

ІІІ.1.2.ІІІ.1.2. Major challenges in the implementation of the Major challenges in the implementation of the WFDWFD

- harmonization of the relevant national legal framework with harmonization of the relevant national legal framework with European directives in the field of water management;European directives in the field of water management;

- the level of introduction and implementation of the WFD and the the level of introduction and implementation of the WFD and the daughter directivesdaughter directives in the relevant EU member-states;in the relevant EU member-states;

- coherence of the systems for water management and protection;coherence of the systems for water management and protection;

- comparability of the structure and the organization of the comparability of the structure and the organization of the competent institutions and the management of the water sector in competent institutions and the management of the water sector in the member states;the member states;

- the organization of the management of the water sector in the organization of the management of the water sector in neighboring countries, incl. the reached different stages and neighboring countries, incl. the reached different stages and phases in the preparation and execution (implementation) of the phases in the preparation and execution (implementation) of the first RBMPs resp. FRMPs;first RBMPs resp. FRMPs;

- legal aspects that have no explicit decision in WFD - examples legal aspects that have no explicit decision in WFD - examples from the practice....from the practice....

ІІІ.2.1ІІІ.2.1. Joint Declaration from 2010 for cooperation in . Joint Declaration from 2010 for cooperation in the field of water management in river basins shared the field of water management in river basins shared between Bulgaria and Greece. Basic points and between Bulgaria and Greece. Basic points and development(five principles).development(five principles).

• Constant dialogue and cooperation between all levels of the Constant dialogue and cooperation between all levels of the administration of the Environment and Water;administration of the Environment and Water;

• Reciprocal and periodic exchange of information between the Reciprocal and periodic exchange of information between the Parties Parties pursuant to the pursuant to the international legal framework;international legal framework;

• The bilateral cooperation will be coordinated pursuant to the The bilateral cooperation will be coordinated pursuant to the national legislations and according to EU directivesnational legislations and according to EU directives;;

• Cooperation aiming for protection of the water resources and Cooperation aiming for protection of the water resources and sustainable water management in the relevant territoriessustainable water management in the relevant territories – – exchange of quantitative and qualitative data on watersexchange of quantitative and qualitative data on waters;;

• Coordination ofCoordination of RBMPsRBMPs pursuantpursuant to the to the РДВ;РДВ;

• The Joint Declaration contains constructive and flexible approach The Joint Declaration contains constructive and flexible approach towards all of the “hot” moments in the relations between the two towards all of the “hot” moments in the relations between the two countries countries – – search for understanding.search for understanding.

ІІІ.2.2ІІІ.2.2. Joint Declaration from 2010 for cooperation in . Joint Declaration from 2010 for cooperation in the field of water management in river basins shared the field of water management in river basins shared between Bulgaria and Greece. Developmentbetween Bulgaria and Greece. Development

- meetings of expert working groups - 2011-2014;- meetings of expert working groups - 2011-2014;

- - preparationpreparation and implementation of rules and procedures for cooperative and implementation of rules and procedures for cooperative work;work;

- - targeted exchange of information and data;targeted exchange of information and data;

- - start of coordination in the processes of development and implementation start of coordination in the processes of development and implementation of RBMP in each of the countries;of RBMP in each of the countries;

- - prior coordination of data and methods of work prior coordination of data and methods of work onon FRMPs;FRMPs;

- new principles in the dialogue and the working methods between the - new principles in the dialogue and the working methods between the countries - mutuality, reciprocity, common understanding of the aspects countries - mutuality, reciprocity, common understanding of the aspects of of TWMTWM warranties of mutuality of interests in the usage of the waters; warranties of mutuality of interests in the usage of the waters;

- - development the exchange of information and the agenda of the working development the exchange of information and the agenda of the working groups groups from the general and institutional issues to the from the general and institutional issues to the specification in the specification in the expert levels and coherence of the activities pursuant the general matrix expert levels and coherence of the activities pursuant the general matrix of the WFD;of the WFD;

• In the beginning ofIn the beginning of 2010 г. 2010 г. in Bulgaria are established the first 6-year in Bulgaria are established the first 6-year RBMPs pursuant the requirements of WFD and Water ActRBMPs pursuant the requirements of WFD and Water Act. .

• Bulgaria participates as Bulgaria participates as a candidate-member anda candidate-member and then as a member of then as a member of the EU in the mechanism and activities the EU in the mechanism and activities ofof ICPDR for the preparation of ICPDR for the preparation of the first management plan for the international river basin of the Danube the first management plan for the international river basin of the Danube and the second cycle of evaluation and implementation of the Plan;and the second cycle of evaluation and implementation of the Plan;

• During 2010 Bulgaria has made the transposition of FRMDDuring 2010 Bulgaria has made the transposition of FRMD, , which set the which set the beginning of the beginning of the preparatory preparatory activities and the first activities and the first FRMPs;FRMPs;

• In the preparation the countries have to keep the succession of the In the preparation the countries have to keep the succession of the phases provided in the FRMDphases provided in the FRMD – – evaluation of the flood risk, definition of evaluation of the flood risk, definition of the zones with high flood risk, preparation of the first FRMPs as a part of the zones with high flood risk, preparation of the first FRMPs as a part of the RBMPsthe RBMPs

• In 2014 Greece is yet In 2014 Greece is yet to finalize its first RBMPs; to finalize its first RBMPs;

• Bulgaria enters the II cycle of evaluation and implementation of river Bulgaria enters the II cycle of evaluation and implementation of river basin management plans in 2014;basin management plans in 2014;

III.2.3. Status of the preparation of RBMPsIII.2.3. Status of the preparation of RBMPs in Bulgaria in Bulgaria and Greece and Greece

Status in the preparation of RBMPs в in the EU Status in the preparation of RBMPs в in the EU member states member states (Updated 08/04/2014)(Updated 08/04/2014)

IV. Summary and conclusions about the issues IV. Summary and conclusions about the issues and legal aspects of transboundary water and legal aspects of transboundary water management from the experience of Bulgaria management from the experience of Bulgaria and Greece.and Greece.

IV.1 Conclusions IV.1 Conclusions concerning concerning the necessary principlesthe necessary principles, , incorporation of the objectives and the framework for incorporation of the objectives and the framework for successful development of the successful development of the bilateral relations in bilateral relations in transboundary water management.transboundary water management. - what are the - what are the obligatoryobligatory principles of any bilateral and multilateral principles of any bilateral and multilateral cooperation in the field of waters;cooperation in the field of waters;

- principles in the building of the relations;- principles in the building of the relations;

- highlights and priorities in water management;- highlights and priorities in water management;

- what are the appropriate legal mechanisms for the development - what are the appropriate legal mechanisms for the development of the relations and for avoiding the disputes;of the relations and for avoiding the disputes;

- how to create - how to create an incorporation an incorporation of the objectives and the priorities;of the objectives and the priorities;

- Steps of forming a common legal framework - international - Steps of forming a common legal framework - international regulations and national legal framework;regulations and national legal framework;

ІV.2ІV.2. Factors for the development of the international . Factors for the development of the international legal framework for trans-boundary water legal framework for trans-boundary water management.management.

- sharing practical experience from existing multilateral and bilater - sharing practical experience from existing multilateral and bilater al agreements - the results;al agreements - the results;

- development of the - development of the theoretical and legal principles theoretical and legal principles and guidelines in and guidelines in support of the bilateral cooperation - analysis of the proper support of the bilateral cooperation - analysis of the proper models;models;

- - a ecosystemical approach and priority of the environmental a ecosystemical approach and priority of the environmental objectives and aspects of the development of the forms of objectives and aspects of the development of the forms of transboundary water management;transboundary water management;

- development and implementation of the European legal framework - development and implementation of the European legal framework - advanced model for upgrading - - advanced model for upgrading - WFD, FRMD, MSFD;WFD, FRMD, MSFD;

- Modernization of the international agreements and conventions and - Modernization of the international agreements and conventions and the international the international legal theory and practice, incl. Analysis and legal theory and practice, incl. Analysis and evaluation whether they are necessary, when the basic principles evaluation whether they are necessary, when the basic principles of the European directives of the European directives in the water sector are followed.in the water sector are followed.

AMENDMENTS TO THE AMENDMENTS TO THE PRESENTATION:PRESENTATION:

• Proposal to the UN for adoption of new Proposal to the UN for adoption of new principles in Water Management and principles in Water Management and Human Rights to Water – Sofia March 2014Human Rights to Water – Sofia March 2014

Proposal to the UN for adoption of new principles in Proposal to the UN for adoption of new principles in Water Water Management and Human Rights to Water – Sofia March Management and Human Rights to Water – Sofia March 2014;2014;The guidelines about sustainability and the final outcomes of UN-Water document "A Post-2015 Global The guidelines about sustainability and the final outcomes of UN-Water document "A Post-2015 Global Water Goal" from January 27, 2014, were the basis for the national discussions in March 2014. The Water Goal" from January 27, 2014, were the basis for the national discussions in March 2014. The aims to achieve sustainability in the water sector have been reviewed in the light of Bulgaria's aims to achieve sustainability in the water sector have been reviewed in the light of Bulgaria's geographical location and its EU membership.geographical location and its EU membership.

Experts and stakeholders unanimously supported the proposal that the United Nations should Experts and stakeholders unanimously supported the proposal that the United Nations should strengthen the following principles in relation to water, ensuring human rights in each country:strengthen the following principles in relation to water, ensuring human rights in each country:

•The UN Charter to the Human Rights to be the base for the development of the The UN Charter to the Human Rights to be the base for the development of the International law, including the International law for the Waters; International law, including the International law for the Waters;

•Globally the Water is a subject of strategic interests and they require adequate quantity Globally the Water is a subject of strategic interests and they require adequate quantity and quality of the water for the population and economy bearing the needs of the aquatic and quality of the water for the population and economy bearing the needs of the aquatic ecosystems;ecosystems;

•Ownership of water should not be determined in the national legislation;Ownership of water should not be determined in the national legislation;

•Every State to exercise the sovereignty over the waters formed in its territory;Every State to exercise the sovereignty over the waters formed in its territory;

•Water resources use of transboundary rivers/basins to be based on the principles of Water resources use of transboundary rivers/basins to be based on the principles of solidarity and reciprocity. solidarity and reciprocity.

•Measures should be taken so that the quality of these waters is not affected to a degree Measures should be taken so that the quality of these waters is not affected to a degree that would deprive the right to use in downstream or coastal countries;that would deprive the right to use in downstream or coastal countries;

•All bilateral and multilateral agreements which bind country/countries to provide a certain All bilateral and multilateral agreements which bind country/countries to provide a certain water amount to transboundary country/countries to be adequately changed or canceled. water amount to transboundary country/countries to be adequately changed or canceled.

•River Basin Management Plans should become the main tool for ensuring the required River Basin Management Plans should become the main tool for ensuring the required amount of water without the risk to human health and environment damages;amount of water without the risk to human health and environment damages;

•Flood Risk Management Plans should become the main tool for minimizing the risk of Flood Risk Management Plans should become the main tool for minimizing the risk of flooding, causing human casualties and economic losses. Each country should build early flooding, causing human casualties and economic losses. Each country should build early warning systems for floods, as a primary measure minimizing the flood risk to the warning systems for floods, as a primary measure minimizing the flood risk to the population and the economy for the country itself, as well as for the transboundary population and the economy for the country itself, as well as for the transboundary countries. countries.

Thank you! Thank you!