152
10 The Resilience of Transboundary Water Governance …
10.4.3.3 Multilateral Basin Treaties
Despite its primary ecological focus, the Danube Convention contains a number of
substantive and procedural provisions that help riparian states address hydrological
variability in a systematic and structured fashion. The preamble to the Convention
dedicates specific attention to “the occurrence and threats of adverse effects, in the
short and the long term, of changes in conditions of watercourses within the Danube
River Basin” (emphasis added). It follows that Danube states are to cooperate in the
prevention, control and reduction of transboundary “adverse impacts and changes
occurring or likely to be caused” (Art. 5.2.). Such joint action extends not only to manmade transboundary impacts, but must also encompass the monitoring and evaluation
of the natural water household and all of its components (precipitation, evaporation,
surface and groundwater run-off) in the entire basin (Art. 1.c)g)). From this general
objective flow a number of precisely defined obligations. First, riparian states must
monitor, record and assess, jointly and individually, the conditions of the Danube’s
natural water resources through a number of quantitative parameters, including water
balances, flood forecasts or any change in the riverine regime (Art. 5.2., 9.1.). Second,
under the general obligation to prevent, control and reduce transboundary impacts
riparian states are also obliged to exchange all relevant data, including the operation
of existing hydrotechnical constructions (e.g. reservoirs, water power plants) and
measures aimed at preventing the deterioration of hydrological conditions, erosion,
inundations and sediment flow, etc. (Art. 3.2., 12.). Regular exchange of information
must be supplemented by coordinated or joint communication, warning and alarm
systems as well as emergency plans to address critical water conditions, including
floods and ice-hazards (Art. 16.). Should such a critical situation of riverine conditions
arise, riparian states must provide mutual assistance upon the request of the affected
basin state (Art. 17.).
The daughter treaty of the Danube Convention, the Sava Framework Agreement
goes even further when it comes to managing hydrological variability. The Agreement
specifically refers to droughts and water shortages as critical hazards jeopardising
the integrity of the water regime of the river (Art. 2.1., 13.). It therefore calls upon
riparian states to establish a coordinated or joint system of “measures, activities and
alarms in the Sava River Basin for extraordinary impacts on the water regime, such
as […] flood, ice, drought, water shortage” (Art. 13.1.) (emphasis added). To that
effect, parties have even committed themselves to conclude a special protocol “on
the protection against flood, excessive groundwater, erosion, ice hazards, drought
and water shortages” (Art. 30.1.a)). Out of this ambitious variability management
programme, however, only a protocol on flood management cooperation has been
adopted by the riparian states in 2010.
46 This protocol, on the one hand, provides
for the coordinated implementation of the EU’s Floods Directive in the basin (even
though half of the riparian states are not EU members) (Art. 3–8.). On the other hand,
it creates an operative system of flood defence, comprising forecasting, warning and
46 Protocol on Flood Protection to the Framework Agreement on the Sava River Basin, Gradiška, 1
June 2010.
10 The Resilience of Transboundary Water Governance …
10.4.3.3 Multilateral Basin Treaties
Despite its primary ecological focus, the Danube Convention contains a number of
substantive and procedural provisions that help riparian states address hydrological
variability in a systematic and structured fashion. The preamble to the Convention
dedicates specific attention to “the occurrence and threats of adverse effects, in the
short and the long term, of changes in conditions of watercourses within the Danube
River Basin” (emphasis added). It follows that Danube states are to cooperate in the
prevention, control and reduction of transboundary “adverse impacts and changes
occurring or likely to be caused” (Art. 5.2.). Such joint action extends not only to manmade transboundary impacts, but must also encompass the monitoring and evaluation
of the natural water household and all of its components (precipitation, evaporation,
surface and groundwater run-off) in the entire basin (Art. 1.c)g)). From this general
objective flow a number of precisely defined obligations. First, riparian states must
monitor, record and assess, jointly and individually, the conditions of the Danube’s
natural water resources through a number of quantitative parameters, including water
balances, flood forecasts or any change in the riverine regime (Art. 5.2., 9.1.). Second,
under the general obligation to prevent, control and reduce transboundary impacts
riparian states are also obliged to exchange all relevant data, including the operation
of existing hydrotechnical constructions (e.g. reservoirs, water power plants) and
measures aimed at preventing the deterioration of hydrological conditions, erosion,
inundations and sediment flow, etc. (Art. 3.2., 12.). Regular exchange of information
must be supplemented by coordinated or joint communication, warning and alarm
systems as well as emergency plans to address critical water conditions, including
floods and ice-hazards (Art. 16.). Should such a critical situation of riverine conditions
arise, riparian states must provide mutual assistance upon the request of the affected
basin state (Art. 17.).
The daughter treaty of the Danube Convention, the Sava Framework Agreement
goes even further when it comes to managing hydrological variability. The Agreement
specifically refers to droughts and water shortages as critical hazards jeopardising
the integrity of the water regime of the river (Art. 2.1., 13.). It therefore calls upon
riparian states to establish a coordinated or joint system of “measures, activities and
alarms in the Sava River Basin for extraordinary impacts on the water regime, such
as […] flood, ice, drought, water shortage” (Art. 13.1.) (emphasis added). To that
effect, parties have even committed themselves to conclude a special protocol “on
the protection against flood, excessive groundwater, erosion, ice hazards, drought
and water shortages” (Art. 30.1.a)). Out of this ambitious variability management
programme, however, only a protocol on flood management cooperation has been
adopted by the riparian states in 2010.
46 This protocol, on the one hand, provides
for the coordinated implementation of the EU’s Floods Directive in the basin (even
though half of the riparian states are not EU members) (Art. 3–8.). On the other hand,
it creates an operative system of flood defence, comprising forecasting, warning and
46 Protocol on Flood Protection to the Framework Agreement on the Sava River Basin, Gradiška, 1
June 2010.