8.2 International Water Law in the European Union
95
in a comprehensive and progressive manner, all major water management issues
such as water quality and associated ecosystems, river flows (quantity and timing),
physical interventions, data collection, monitoring and dissemination of information,
emergency communication, etc. Importantly, the Convention specifically addresses
extreme hydrological situations both in terms of substance and procedure (Canelas
de Castro 2009). The Convention establishes a two-tier system of decision-making:
the conference of the parties as the main political forum and the International Rivers
Commission, a technical regulatory body. An additional Protocol to the Convention
prescribes a precise water flow regime for individual river basins, including minimum
flow requirements that can only be ignored in the case of extreme droughts.
41
The Albufeira Convention is generally regarded as one of the most complex and
progressive (multi-) basin agreement in the world. In particular, the river-flow and
variability management clauses stand out not only in European comparison, but in the
broader international context. Critics note, however, that the implementation of the
Convention has lately lacked political impetus and the operation of the International
Rivers Commission—that has no international legal status and an autonomous budget—fails to meet expectations of efficiency and competence (Sereno 2014). Practical
experience also suggests that the dominant supply-management logic of the Convention—tailored to the operation of large hydropower and irrigation structures in both
countries—leads to poor resource conservation (Costa et al. 2008).
8.3 The Water Law and Policy of the European Union
8.3.1 The Broader Context: EU Environmental Law
and Policy
Water issues in the European Union fall into the broader category of environmental
policy under the Treaty on the Functioning of the European Union (TFEU). This fact
has fundamental remifications on the nature and remit of EU water law and policy.
First, EU water policy remains subject to the general objectives and principles of
environmental law that creates an evident imbalance between the ecological and
non-ecological aspects of water management. Second, environmental policy is one
of the shared areas of competence where both the EU and its member states exercise
legislative power. Thus, as noted above, the more the EU legislate on water issues, the
less power do member states retain to do the same (see Sect. 8.1.2). The TFEU also
defines the decision-making and enforcement structure of environmental policy that
can constitute important political hurdles in the future development of transboundary
water governance within the bloc.
41 Protocol amending the Convention on Cooperation for the Protection and Sustainable Use of the
Waters of Luso-Spanish River Basins signed 30 November 1998, 4 April 2008.
95
in a comprehensive and progressive manner, all major water management issues
such as water quality and associated ecosystems, river flows (quantity and timing),
physical interventions, data collection, monitoring and dissemination of information,
emergency communication, etc. Importantly, the Convention specifically addresses
extreme hydrological situations both in terms of substance and procedure (Canelas
de Castro 2009). The Convention establishes a two-tier system of decision-making:
the conference of the parties as the main political forum and the International Rivers
Commission, a technical regulatory body. An additional Protocol to the Convention
prescribes a precise water flow regime for individual river basins, including minimum
flow requirements that can only be ignored in the case of extreme droughts.
41
The Albufeira Convention is generally regarded as one of the most complex and
progressive (multi-) basin agreement in the world. In particular, the river-flow and
variability management clauses stand out not only in European comparison, but in the
broader international context. Critics note, however, that the implementation of the
Convention has lately lacked political impetus and the operation of the International
Rivers Commission—that has no international legal status and an autonomous budget—fails to meet expectations of efficiency and competence (Sereno 2014). Practical
experience also suggests that the dominant supply-management logic of the Convention—tailored to the operation of large hydropower and irrigation structures in both
countries—leads to poor resource conservation (Costa et al. 2008).
8.3 The Water Law and Policy of the European Union
8.3.1 The Broader Context: EU Environmental Law
and Policy
Water issues in the European Union fall into the broader category of environmental
policy under the Treaty on the Functioning of the European Union (TFEU). This fact
has fundamental remifications on the nature and remit of EU water law and policy.
First, EU water policy remains subject to the general objectives and principles of
environmental law that creates an evident imbalance between the ecological and
non-ecological aspects of water management. Second, environmental policy is one
of the shared areas of competence where both the EU and its member states exercise
legislative power. Thus, as noted above, the more the EU legislate on water issues, the
less power do member states retain to do the same (see Sect. 8.1.2). The TFEU also
defines the decision-making and enforcement structure of environmental policy that
can constitute important political hurdles in the future development of transboundary
water governance within the bloc.
41 Protocol amending the Convention on Cooperation for the Protection and Sustainable Use of the
Waters of Luso-Spanish River Basins signed 30 November 1998, 4 April 2008.