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Obligations in international water law and

principles for effective joint bodies

developed under the Water Convention

Péter Kovács Ministry of Interior of Hungary

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Art.9 of Water Convention – conclusion of specific agreements and establishment of joint bodies

• Conclusion of agreements and creation of joint bodies is a main

obligation and unique feature of the UNECE Water Convention

• It reflects the Convention’s framework character

• Existing agreements should be adapted, where necessary, to

eliminate the contradictions with the basic principles of the

Convention – however, this is a due diligence obligation

• Status of agreements in the UNECE region: First inventory (1995) –

150; in the Second Assessment (2011): 165

• More data on agreements and joint bodies will be available after the

first pilot reporting exercise

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Art.9 – conclusion of specific agreements and establishment of joint bodies

Three requirements to agreements:

• They should define waters (“specify the catchment area, or part(s)

thereof”)

• They should embrace “issues covered by this Convention, as well

as any other issues”

• They should provide for the establishment of joint bodies (Art.9(2)))

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• Water Convention Art.9(2) – Key tasks of joint bodies • Collect data, elaborate joint monitoring programmes

• Draw up pollution inventories, set emission limits

• Elaborate objectives, programme, plans

• Serve as a forum for exchange information

• Establish warning systems

• Discuss planned measures

• Participate in Environmental Impact Assessment, etc.

• Non-exhaustive list: Parties may determine their priorities according to the needs

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Principles for effective joint bodies for

transboundary water cooperation

• In 2009, preparation of an overview publication on River basin commissions and other institutions for transboundary water cooperation

• Principles for effective joint bodies were developed based on two workshops on joint bodies organized under the Water Convention :

– 1st workshop - on legal and institutional aspect of joint bodies– Geneva, 23-24 September 2013.

– 2nd workshop – on technical aspects - Geneva on 9-10 April 2014.

• The outcomes of the workshops and draft principles were discussed in the framework of the Convention’s Working Group on IWRM.

• Principles were adopted by the 7th Meeting of the Parties (Budapest, 17-19 November 2015)

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Principles for effective joint bodies for

transboundary water cooperation

• Broad competence

• Clear definition of the waters

• Clearly defined tasks and powers

• Adequate organizational structure

• Adequate representation of national authorities

• Flexible agreement

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Principles for effective joint bodies for

transboundary water cooperation

• Availability of support

• Regularity of meetings

• Availability of information

• Mandate to identify and assess benefits

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Principles for effective joint bodies for transboundary water cooperation - Operation

Procedural considerations

• Accountability mechanisms.

• Mechanisms for cooperation and implementation.

• Clearly defined reporting lines and mechanisms.

• Public participation and stakeholder involvement.

• Neutral facilitators and external expertise.

• Coordination with other joint bodies.

• Exchange of information and data.

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Principles for effective joint bodies for transboundary water cooperation - Operation

Selected technical aspects

• Ensuring the consideration of groundwater issues.

• Facilitation of impact monitoring and assessment.

• Capacity to adapt to change.

• Early warning mechanisms.

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Operation Financial and human resources

• Adequate financial and human resources.

• Financial sustainability.

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Water Convention: Assistance to the Parties

The Convention

• provides support to its Parties in establishing agreements and bodies or in

strengthening existing ones;

• helps the implementation of obligations aimed at prevention, control and

reduction of significant transboundary impact, improves water resources

management at the national level;

• offers the use of the Convention’s trust fund, which supports the effective

implementation;

• supports and organizes seminars and other training activities, studies and

pilot projects, as well as for support to participation of experts from eligible

countries in workshops, seminars, symposia and other meetings;

• Implementation Committee can help Parties in all questions regarding

implementation of the Convention and facilitate the settlement of the various

differences and disputes.

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Transboundary River Commissions

Hungary – has river commissions with all 7 neighbouring countries – historical form of cooperation – different structures – identical objectives

Austria, Slovakia, Ukraine, Romania, Serbia, Croatia, Slovenia. They cover:

• Flood management, river engineering

• Hydrological forecast, data exchange

• Water quality protection

• Water management, protection of water resources (quality & quantity)

• Integrated River Basin Management

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Danube River Protection Convention

Legal framework for cooperation to ensure protection

of water and ecological resources and

their sustainable use in the Danube River Basin.

Signed: 29 June 1994, Sofia

The main objectives of the Danube Convention:

- sustainable and equitable water management

- conservation and rational use of surface and groundwater

- contol of hazardous substances originating from accidents

- control of floods and ice-hazards

-reduction of pollution loads of Black sea

Ministerial meetings December 2004, February 2010, February 2016

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From Black Forest to Black Sea

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Reflects

• Water status of the DRB waters

• Significant Water Management Issues

Includes

• Joint Programme of Measures

• Evaluation on measure implementation

Enables

• Conclusions on investment & funding

• Potential link to Danube Strategy

Danube River Basin Management Plan

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Thank you for your kind attention !