Kavala Workshop

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TWReferenceNET

• Kavala Workshop
• 1-2 June 2006
• Legal protection of Transitional Waters
• in the Cadses area A comparative analysis
• Dr. Petros Patronos / Dr. Liliana Maslarova

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Legal protection of transitional waters A
comparative analysis 1

• No specific legislation for protection of
  transitional waters as such in the legal systems
  of the three countries studied so far (Greece,
  Bulgaria, Romania).
• Legal protection of transitional waters is mainly
  based on law for nature conservation and
  management of protected areas and on water
  management regulations.
• The transposition and implementation of
  directives 92/43, 79/409 and 2000/60 in the
  national legal orders are, in this respect, the
  central point of reference.

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Legal protection of transitional waters A
comparative analysis 2

• Constitutional provisions in the three countries
  lay down a general duty of the state to protect
  the natural environment and the natural
  resources Environmental (public) rights are also
  recognized by the Constitutions of the countries
  concerned.
• The basic environmental principles of EU
  legislation (Arts. 2, 6, 174-176 of the EC
  Treaty) are also to be taken into account
  sustainable development, environmental
  integration in sectoral policies, principle of
  prevention, principle of precaution, polluter
  pays principle.

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Legal protection of transitional waters A
comparative analysis 3

• The countries concerned have also ratified
  relevant international conventions amongst
  others,
• the Ramsar convention on wetlands,
• the Biodiversity Convention,
• the Convention on the protection and use of
  transboundary watercourses,
• the Espoo Convention on EIA in a transboundary
  context, as well as
• the Bonn Convention on migratory species,
  including the ACCOBAMS agreement on cetaceans in
  the Mediterranean and the Black Sea, and
• the Bern Convention on European wildlife and
  natural habitats.

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Legal protection of transitional waters A
comparative analysis 4

• Important to note, main pieces of EU
  environmental legislation correspond to a large
  extent to these conventions and represent also
  instruments for their implementation, e.g.
• Directive 2000/60 as an instrument for
  implementing the Convention on transboundary
  watercourses and international lakes,
• Directive 92/43 (Natura 2000) as an instrument
  for implementing the Biodiversity Convention etc.

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Legal protection of transitional waters A
comparative analysis 5

• It has also to be underlined that, according to
  recent decisions of the European Court of
  Justice, those provisions of international
  conventions approved by the EC that are clear,
  precise and unconditional are directly applicable
  in the legal orders of the Member States, and the
  European Commission may control their proper
  implementation.

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Legal protection of transitional waters A
comparative analysis 6

• Account must also be taken of
• General legal provisions of environmental
  protection,
• Environmental impact assessment (EIA) rules and
  procedures (including now strategic environmental
  assessments (SEAs) for plans and programmes), in
  particular EIAs/SEAs with regard to protected
  areas (see in this respect article 6 of directive
  92/43),
• Land use regulations,
• Industrial permitting procedures (e.g. according
  to directive 96/61), and
• Rules for coastal zone protection and management.

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Legal protection of transitional waters A
comparative analysis 7

• Specific national legislative or administrative
  acts concern
• the establishment (status and designation) of
  protected areas,
• the regulation of their administration and the
  establishment and operation of competent
  management bodies
• that issue/approve and control respective
  management plans as the main conservation-implemen
  tation tool.

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Legal protection of transitional waters A
comparative analysis 8

• National legislative and administrative acts have
  also been adopted in order to implement directive
  2000/60 and to organize the integrated water
  management, on the basis of river basins and
  respective management plans.
• Basin district water authorities have been
  established and their competences have been
  determined. The stage of their development and
  functioning differs from country to country.

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Legal protection of transitional waters A
comparative analysis 9

• Thus, the legal framework in place consists of
  numerous EU environmental directives,
  international conventions and national legal
  acts.
• Despite the fact that -with the exception of WFD-
  specific reference to transitional waters is
  missing, this framework, if properly implemented,
  could also contribute to the protection and
  sustainable management of transitional waters.

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Legal protection of transitional waters A
comparative analysis 10

• However, there exist several shortcomings at the
  level of implementation and enforcement of
  environmental legislation, including the law on
  nature conservation and integrated water
  management.
• The reasons are, amongst others
• Lack of precision as regards environmental
  competences, in particular distribution of tasks
  among involved environmental bodies,
• Duplication of functions,
• Insufficient coordination,
• Inadequate use of EU funding,
• Ineffective control,
• Poor or lacking integration of environmental
  considerations in sectoral policies.

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Legal protection of transitional waters A
comparative analysis 11

• Therefore, in order to strengthen protection and
  sustainable management of transitional waters,
  there is, in particular, a need for
• Promoting consistency between the different
  legal and institutional frameworks, e.g.
  protected transitional waters as part of the
  Natura 2000 network and as water bodies, or even
  as transboundary waters-lagoons.

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Legal protection of transitional waters A
comparative analysis 12

• Ensuring and/or improving coordination between
  the co-competent authorities, e.g. authorities
  with competence over nature protection, water
  management, regional development, transboundary
  cooperation etc. Need to improve also
  intra-ministerial coordination.
• Developing synergies between the management plans
  concerning protected areas and river basins
  respectively, e.g. a transboundary river basin of
  international importance that includes protected
  areas according to the Habitats and Birds
  directives.

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Legal protection of transitional waters A
comparative analysis 13

• Implementing respective international conventions
  in an integrated way, e.g. integrate biodiversity
  considerations in EIA/SEA procedures, by taking
  into account the respective work within the
  Biodiversity Convention and the Ramsar
  Convention.
• Setting specific monitoring parameters and
  avoiding duplication and fragmentation of efforts
  as regards the different monitoring requirements
  and the comparison of data.

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Legal protection of transitional waters A
comparative analysis 14

• Further developing the legal elements of the ICZM
  concept, by taking particularly into account
  article 6 of the EC Treaty, the environmental
  integration principle, e.g. ecosystem approach,
  precautionary principle, public participation,
  carrying capacity of ecosystems, legally
  addressing both marine and terrestrial areas of
  coastal zones together, etc. Provision for
  explicit requirements in respect of transitional
  waters.

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Legal protection of transitional waters A
comparative analysis 15

• Promoting, with the assistance and cooperation of
  the applied ecology science, the elaboration of
  specific guidelines or even legal criteria on the
  protection and sustainable management of
  (protected) transitional waters.
• It has to be noted that the objectives of both
  most important pieces of legislation in respect
  of TW (the Habitats Directive and the WFD) are to
  be understood first of all in ecological terms
  (favourable conservation status, good water
  quality, environmental objectives and specific
  monitoring requirements).

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Legal protection of transitional waters A
comparative analysis 16

• Therefore, the legal measures and administrative
  arrangements should serve these ultimate goals.
  The interpretation of respective provisions and
  the assessment of legal situations should be
  oriented towards the achievement of these goals.
  However, further clarification in this respect is
  needed. Such a clarification can only be achieved
  if the lessons of applied ecology are translated
  into legal terms and requirements.

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TWReferenceNET

• Thank you
• for your interest
• and
• attention!