150
10 The Resilience of Transboundary Water Governance …
As regards short term management of hydrological extremes all that the WFD
does is that it creates a temporary derogation from the obligation to comply with the
objectives of good water status. These circumstances include in particular “extreme
floods and prolonged droughts” or other conditions of natural cause or force majeure
that are “exceptional or could not reasonably have been foreseen”. If a member state
intends to invoke such derogation, it must, ironically, define in advance in the river
basin management plan the conditions under which the “unforeseeable” emergency
situation can be declared. It also must specify what measures will have to be taken
under such circumstances (Art. 4.6.).
As regards long term adaptation to hydrological variability the WFD goes several steps further. First, it imposed an obligation on member states to undertake a
detailed analysis of the main characteristics of each river basin by 2004 that had to
contain an analysis of all relevant water uses, human and natural impacts on river
flow and groundwater status, including abstractions (Art. 5., Annex II). Ever since,
member states have been under a duty to continuously monitor any developments in
these factors, including the volume and rate or level of flow (Art. 8.). The impacts
of natural and man-made fluctuations in stream flow had to be reviewed by 2014
with “appropriate adaptation measures” being included in the revised river basin
management plans and programme of measures (Art. 5., Annex VII; COM 2009).
The coordination framework of the WFD, however, ensures not only the collection
and exchange of information among EU member states on hydrological variability
in shared basins. Through the mandatory consultation procedures for international
river basins it also provides an (limited) opportunity to influence each other’s plans
and measures to manage existing and emerging hydrological extremes.
Finally, EU law lays down sophisticated transboundary cooperation mechanisms
in relation to floods. The Floods Directive sets up a scheme that complements the
ecological programme of the WFD with regards to excess water management. The
directive is not concerned with short term emergency cooperation among riparian
states. Rather, it obliges member states to assess, develop and coordinate their flood
control activity with a long term and comprehensive focus. Thus, EU governments
are required to carry out a preliminary flood risk assessment and, subsequently, to
establish flood hazard and flood risk maps (Art. 4–6.). Based on these maps member
states must adopt flood risk management plans that are coordinated at basin or at
least sub-basin level (Art. 7.1.). The directive requires flood risk management plans
to address all aspects of flood control from prevention to emergency preparedness.
The plans may also contain long term national adaptation measures such as the
promotion of sustainable land use practices, improvement of water retention or controlled emergency flooding (Art. 7.3.). Importantly, the directive prohibits member
states to adopt measures that are liable to significantly increase flood risks upstream
or downstream in the same basin, unless it has been specifically agreed upon by the
affected riparians (Art. 7.4.). As in the case of international river basins, member
states must, as a priority, produce a single flood risk management plan or a set of
coordinated plans for the entire basin. Should the riparian states concerned fail to
deliver joint management plan(s), the directive simply calls on individual member
states to produce their own national plans. A similar procedure applies vis-à-vis basin
10 The Resilience of Transboundary Water Governance …
As regards short term management of hydrological extremes all that the WFD
does is that it creates a temporary derogation from the obligation to comply with the
objectives of good water status. These circumstances include in particular “extreme
floods and prolonged droughts” or other conditions of natural cause or force majeure
that are “exceptional or could not reasonably have been foreseen”. If a member state
intends to invoke such derogation, it must, ironically, define in advance in the river
basin management plan the conditions under which the “unforeseeable” emergency
situation can be declared. It also must specify what measures will have to be taken
under such circumstances (Art. 4.6.).
As regards long term adaptation to hydrological variability the WFD goes several steps further. First, it imposed an obligation on member states to undertake a
detailed analysis of the main characteristics of each river basin by 2004 that had to
contain an analysis of all relevant water uses, human and natural impacts on river
flow and groundwater status, including abstractions (Art. 5., Annex II). Ever since,
member states have been under a duty to continuously monitor any developments in
these factors, including the volume and rate or level of flow (Art. 8.). The impacts
of natural and man-made fluctuations in stream flow had to be reviewed by 2014
with “appropriate adaptation measures” being included in the revised river basin
management plans and programme of measures (Art. 5., Annex VII; COM 2009).
The coordination framework of the WFD, however, ensures not only the collection
and exchange of information among EU member states on hydrological variability
in shared basins. Through the mandatory consultation procedures for international
river basins it also provides an (limited) opportunity to influence each other’s plans
and measures to manage existing and emerging hydrological extremes.
Finally, EU law lays down sophisticated transboundary cooperation mechanisms
in relation to floods. The Floods Directive sets up a scheme that complements the
ecological programme of the WFD with regards to excess water management. The
directive is not concerned with short term emergency cooperation among riparian
states. Rather, it obliges member states to assess, develop and coordinate their flood
control activity with a long term and comprehensive focus. Thus, EU governments
are required to carry out a preliminary flood risk assessment and, subsequently, to
establish flood hazard and flood risk maps (Art. 4–6.). Based on these maps member
states must adopt flood risk management plans that are coordinated at basin or at
least sub-basin level (Art. 7.1.). The directive requires flood risk management plans
to address all aspects of flood control from prevention to emergency preparedness.
The plans may also contain long term national adaptation measures such as the
promotion of sustainable land use practices, improvement of water retention or controlled emergency flooding (Art. 7.3.). Importantly, the directive prohibits member
states to adopt measures that are liable to significantly increase flood risks upstream
or downstream in the same basin, unless it has been specifically agreed upon by the
affected riparians (Art. 7.4.). As in the case of international river basins, member
states must, as a priority, produce a single flood risk management plan or a set of
coordinated plans for the entire basin. Should the riparian states concerned fail to
deliver joint management plan(s), the directive simply calls on individual member
states to produce their own national plans. A similar procedure applies vis-à-vis basin