10.4 Managing Hydrological Variability
153
alarm, information exchange as well as the handling of emergency situations and
mutual assistance (Art. 9–11.).
The Rhine Convention addresses variability management along similar lines,
although in a far less elaborate fashion. The key objectives of the Convention—the
maintenance and restoration of the natural functions of the Rhine basin waters, the
environmentally sound management of water resources, general flood protection and
prevention—imply broad cooperation over flood protection and other hydrological
hazards (Art. 3.). Thus, riparian states must inform the International Commission
for the Protection of the Rhine (ICPR) and other riparian states likely to be affected
of imminent flooding (Art. 5.6.). They must also draw up warning and alert plans
for the Rhine under the coordination of the ICPR (Art. 8.1.c)). As mentioned above,
Rhine basin states also actively cooperate on certain long term variability questions
such as extreme low water levels and declining water availability even in the absence
of explicit treaty requirements to that effect (see Sect. 10.1.3).
The preamble to the Meuse Agreement defines the mitigation of the effects of
floods and droughts as one of the key objectives of transboundary cooperation. In both
cases joint riparian action should extend to the development of preventive measures
(Art. 2.c)). To that end, the International Meuse Commission is tasked to develop recommendations on flood prevention and protection, flood management coordination
as well as on the mitigation of the effects of droughts (Art. 4.4.a)b)). Meuse riparians
are also obliged to inform each other of any major hydrological event, including
imminent floods (Art. 3.2.d)).
The 1990 Elbe and the 1996 Oder Conventions make no reference whatsoever
to hydrological variability, not even flood protection cooperation. The two basin
commissions are, however, tasked to monitor the general hydrological situation in
their respective catchment areas.
While explicit treaty justification to do so remains limited or entire missing, all
relevant river basin commissions are extensively engaged in climate change adaptation and flood management. E.g. the International Commission for the Protection of
the Danube adopted, in 2012, a climate change strategy which outlines the guiding
principles of adaptation and their integration in the ICPDR’s activities, especially
in implementing the Water Framework Directive and the Floods Directive. Similar
strategies have been adopted for the Rhine or the Sava basin (Jekel 2015).
10.4.3.4 Bilateral Water Treaties
The most comprehensive of all bilateral water treaties, the Albufeira Convention
addresses hydrological variability in a substantive and sophisticated manner. The
Convention expressly defines the prevention, elimination, mitigation or control of
the effects of exceptional situations as a key priority of cooperation between the Spain
and Portugal (Art.10.1.f)). Consequently, the Convention sets out a robust water allocation regime that caters for natural variations in river flow that also include extreme
situations that are determined with reference to historic precipitation levels (Annex
II to the Additional Protocol). Should such a situation emerge, parties must inform
153
alarm, information exchange as well as the handling of emergency situations and
mutual assistance (Art. 9–11.).
The Rhine Convention addresses variability management along similar lines,
although in a far less elaborate fashion. The key objectives of the Convention—the
maintenance and restoration of the natural functions of the Rhine basin waters, the
environmentally sound management of water resources, general flood protection and
prevention—imply broad cooperation over flood protection and other hydrological
hazards (Art. 3.). Thus, riparian states must inform the International Commission
for the Protection of the Rhine (ICPR) and other riparian states likely to be affected
of imminent flooding (Art. 5.6.). They must also draw up warning and alert plans
for the Rhine under the coordination of the ICPR (Art. 8.1.c)). As mentioned above,
Rhine basin states also actively cooperate on certain long term variability questions
such as extreme low water levels and declining water availability even in the absence
of explicit treaty requirements to that effect (see Sect. 10.1.3).
The preamble to the Meuse Agreement defines the mitigation of the effects of
floods and droughts as one of the key objectives of transboundary cooperation. In both
cases joint riparian action should extend to the development of preventive measures
(Art. 2.c)). To that end, the International Meuse Commission is tasked to develop recommendations on flood prevention and protection, flood management coordination
as well as on the mitigation of the effects of droughts (Art. 4.4.a)b)). Meuse riparians
are also obliged to inform each other of any major hydrological event, including
imminent floods (Art. 3.2.d)).
The 1990 Elbe and the 1996 Oder Conventions make no reference whatsoever
to hydrological variability, not even flood protection cooperation. The two basin
commissions are, however, tasked to monitor the general hydrological situation in
their respective catchment areas.
While explicit treaty justification to do so remains limited or entire missing, all
relevant river basin commissions are extensively engaged in climate change adaptation and flood management. E.g. the International Commission for the Protection of
the Danube adopted, in 2012, a climate change strategy which outlines the guiding
principles of adaptation and their integration in the ICPDR’s activities, especially
in implementing the Water Framework Directive and the Floods Directive. Similar
strategies have been adopted for the Rhine or the Sava basin (Jekel 2015).
10.4.3.4 Bilateral Water Treaties
The most comprehensive of all bilateral water treaties, the Albufeira Convention
addresses hydrological variability in a substantive and sophisticated manner. The
Convention expressly defines the prevention, elimination, mitigation or control of
the effects of exceptional situations as a key priority of cooperation between the Spain
and Portugal (Art.10.1.f)). Consequently, the Convention sets out a robust water allocation regime that caters for natural variations in river flow that also include extreme
situations that are determined with reference to historic precipitation levels (Annex
II to the Additional Protocol). Should such a situation emerge, parties must inform