96
8 Transboundary Water Governance in the European Union
8.3.1.1 Objectives and Principles of EU Environmental Policy
The objectives of EU environmental policy are defined by the TFEU as the preservation, protection and the improvement of the quality of the environment, the protection
of human health, the prudent and rational utilisation of natural resources, and the
promotion of measures at international level dealing with regional or worldwide environmental problems (Art. 191.1.). The objectives of EU environmental policy must
be pursued in accordance with a number of statutory principles, notably the principle
of high level of protection, the precautionary principle, the principle of preventive
action, the principle that environmental problems as a priority should be rectified
at source and that the polluter should pay (Art. 191.2.). The “classic” objectives of
water management, such as security of water supply, protection against water-related
hazards (floods, droughts, etc.) do not feature in EU primary law in any explicit way.
8.3.1.2 Institutional Requirements
As in the case of other shared competences, the EU adopts its own environmental legislation through the so-called ordinary legislative procedure, i.e. by the joint
legislative act of the Council (composed of member state ministers and voting by
qualified majority) and the European Parliament (voting by simple majority) (Art.
192.1. TFEU). In the context of water policy, however, there is one major exception
to this rule: “measures affecting the quantitative management of water resources or
affecting, directly or indirectly, the availability of those resources” (emphasis added)
can only be adopted through a special legislative procedure, where the Council acts
with unanimity and the European Parliament is only consulted. In other words, the
EP cannot block or amend the legislation as under the ordinary legislative procedure (Art. 192.2.). Arguably, this exception is designed to safeguard member states’
sovereignty to regulate the flow of water by way of granting veto power to each of
them and by way of excluding the European Parliament, generally seen as an activist,
green force in the joint decision-making process (Baranyai 2015).
To achieve its environmental policy objectives the EU and its member states
cooperate with third countries and international organisations and may conclude
international agreements (Art. 191.4.). Importantly, agreements that are ratified by
the EU itself form an integral part of the EU’s legal system and, as such, are binding
on the EU institutions and its member states (Art. 216.2.).
8.3.2 The Evolution of EU Water Law and Policy
The European Economic Community (EEC)—the predecessor of today’s European
Union—started to regulate water-related matters in the 1970s. The first wave of legislation took place between 1975 and 1980. This period had resulted in a large number
of EEC directives and decisions which laid down selected environmental quality
8 Transboundary Water Governance in the European Union
8.3.1.1 Objectives and Principles of EU Environmental Policy
The objectives of EU environmental policy are defined by the TFEU as the preservation, protection and the improvement of the quality of the environment, the protection
of human health, the prudent and rational utilisation of natural resources, and the
promotion of measures at international level dealing with regional or worldwide environmental problems (Art. 191.1.). The objectives of EU environmental policy must
be pursued in accordance with a number of statutory principles, notably the principle
of high level of protection, the precautionary principle, the principle of preventive
action, the principle that environmental problems as a priority should be rectified
at source and that the polluter should pay (Art. 191.2.). The “classic” objectives of
water management, such as security of water supply, protection against water-related
hazards (floods, droughts, etc.) do not feature in EU primary law in any explicit way.
8.3.1.2 Institutional Requirements
As in the case of other shared competences, the EU adopts its own environmental legislation through the so-called ordinary legislative procedure, i.e. by the joint
legislative act of the Council (composed of member state ministers and voting by
qualified majority) and the European Parliament (voting by simple majority) (Art.
192.1. TFEU). In the context of water policy, however, there is one major exception
to this rule: “measures affecting the quantitative management of water resources or
affecting, directly or indirectly, the availability of those resources” (emphasis added)
can only be adopted through a special legislative procedure, where the Council acts
with unanimity and the European Parliament is only consulted. In other words, the
EP cannot block or amend the legislation as under the ordinary legislative procedure (Art. 192.2.). Arguably, this exception is designed to safeguard member states’
sovereignty to regulate the flow of water by way of granting veto power to each of
them and by way of excluding the European Parliament, generally seen as an activist,
green force in the joint decision-making process (Baranyai 2015).
To achieve its environmental policy objectives the EU and its member states
cooperate with third countries and international organisations and may conclude
international agreements (Art. 191.4.). Importantly, agreements that are ratified by
the EU itself form an integral part of the EU’s legal system and, as such, are binding
on the EU institutions and its member states (Art. 216.2.).
8.3.2 The Evolution of EU Water Law and Policy
The European Economic Community (EEC)—the predecessor of today’s European
Union—started to regulate water-related matters in the 1970s. The first wave of legislation took place between 1975 and 1980. This period had resulted in a large number
of EEC directives and decisions which laid down selected environmental quality