138
10 The Resilience of Transboundary Water Governance …
programme foreseen by the Convention (Baranyai 2015). Consequently, in this
respect the Convention has limited practical significance in intra-EU co-riparian
relations.
10.2.3.3 Multilateral Basin Treaties
All studied European basin treaties were negotiated and adopted in the 1990s and
early 2000s. Treaty-making during that period was predominantly inspired by environmental quality considerations, corresponding to the political priorities of the era
when pollution control was the major concern and the impacts of climate change
were much less prevalent. Consequently, the main focus of contemporary European
basin treaties is pollution control and, to a lesser extent, riverine ecology.
The earliest instrument, the 1990 Elbe Convention, defines the prevention of the
pollution of the Elbe and its drainage as the ultimate objective of the cooperation
of the parties (Art. 1.1.). Thus, the priorities identified by the Convention revolve
around environmental considerations, such as the elimination of waste water and
other point source pollution, reduction of discharges resulting from accidents, etc.
(Art. 2.1.). The relevant provisions of its sister agreement, the 1996 Oder Convention
follow very closely those of the Elbe Convention.
While the focus of the Danube Convention is broadly similar, it is more elaborate
and comprehensive in its ecological programme. It defines “sustainable water management” and “stable, environmentally sound development” as the ultimate purpose
of transboundary cooperation (Art. 2.5.). To that end, the Convention lays down a
number of precise pollution prevention and control requirements as well as calls for
the adoption of corresponding measures by the ICPDR and the riparian states in their
respective capacities (Art. 5–10.).
The Rhine Convention is also centred on water quality management and on the
restoration of the river’s riverine ecology. Importantly, the Convention covers not only
pollution control and biodiversity measures, but also such important hydrological
conditions as the natural flow of solid matter or the interactions between the river,
groundwater and alluvial areas (Art. 3.1.c)). Compared to other basin agreements,
the Rhine Convention imposes precise direct obligations on parties with regards to
water quality management. Thus, riparian states are required to adopt autonomous
measures to ensure that wastewater discharges are subject to prior authorisation,
discharge of hazardous substances are gradually reduced, the risk of pollution from
incidents and accidents is reduced, etc. (Art. 5.4.).
The Meuse Agreement was designed as a collective vehicle for implementing the
EU’s Water Framework Directive by the affected riparian states. Consequently, it
follows the ecological objectives and structure of the WFD in so far as it calls for
the joint analysis of the Meuse Basin, for the preparation of a single river basin
management plan and programme of measures as well as foresees the coordinated
implementation of all supporting monitoring activities (Art. 4.).
In the context of water quality management the Sava Framework Agreement
can, to some extent, be seen as an outlier. In view of its comprehensive and
10 The Resilience of Transboundary Water Governance …
programme foreseen by the Convention (Baranyai 2015). Consequently, in this
respect the Convention has limited practical significance in intra-EU co-riparian
relations.
10.2.3.3 Multilateral Basin Treaties
All studied European basin treaties were negotiated and adopted in the 1990s and
early 2000s. Treaty-making during that period was predominantly inspired by environmental quality considerations, corresponding to the political priorities of the era
when pollution control was the major concern and the impacts of climate change
were much less prevalent. Consequently, the main focus of contemporary European
basin treaties is pollution control and, to a lesser extent, riverine ecology.
The earliest instrument, the 1990 Elbe Convention, defines the prevention of the
pollution of the Elbe and its drainage as the ultimate objective of the cooperation
of the parties (Art. 1.1.). Thus, the priorities identified by the Convention revolve
around environmental considerations, such as the elimination of waste water and
other point source pollution, reduction of discharges resulting from accidents, etc.
(Art. 2.1.). The relevant provisions of its sister agreement, the 1996 Oder Convention
follow very closely those of the Elbe Convention.
While the focus of the Danube Convention is broadly similar, it is more elaborate
and comprehensive in its ecological programme. It defines “sustainable water management” and “stable, environmentally sound development” as the ultimate purpose
of transboundary cooperation (Art. 2.5.). To that end, the Convention lays down a
number of precise pollution prevention and control requirements as well as calls for
the adoption of corresponding measures by the ICPDR and the riparian states in their
respective capacities (Art. 5–10.).
The Rhine Convention is also centred on water quality management and on the
restoration of the river’s riverine ecology. Importantly, the Convention covers not only
pollution control and biodiversity measures, but also such important hydrological
conditions as the natural flow of solid matter or the interactions between the river,
groundwater and alluvial areas (Art. 3.1.c)). Compared to other basin agreements,
the Rhine Convention imposes precise direct obligations on parties with regards to
water quality management. Thus, riparian states are required to adopt autonomous
measures to ensure that wastewater discharges are subject to prior authorisation,
discharge of hazardous substances are gradually reduced, the risk of pollution from
incidents and accidents is reduced, etc. (Art. 5.4.).
The Meuse Agreement was designed as a collective vehicle for implementing the
EU’s Water Framework Directive by the affected riparian states. Consequently, it
follows the ecological objectives and structure of the WFD in so far as it calls for
the joint analysis of the Meuse Basin, for the preparation of a single river basin
management plan and programme of measures as well as foresees the coordinated
implementation of all supporting monitoring activities (Art. 4.).
In the context of water quality management the Sava Framework Agreement
can, to some extent, be seen as an outlier. In view of its comprehensive and