Chapter 13
Recommendations
In order to ensure the long term stability of transboundary water cooperation in the
European Union the following measures are recommended:
address hydro-political vulnerability in a comprehensive manner: the competent
UNECE and EU institutions (most prominently: the European Commission), basin
organisations and member states should address hydropolitical vulnerability in a
comprehensive, open and inclusive manner;
address transboundary water quantity management and water allocation: the
unanimity requirement under the Treaty on the Functioning of the European Union
should not be used as a justification for ignoring the pressing issue of transboundary
flow control. Despite the popular perception, the TFEU does delegate powers to
the EU to address transboundary water quantity management, it simply makes the
adoption of binding rules on the subject more difficult. In view of its clear competence
to do so, the European Commission should thoroughly explore existing and emerging
intra-EU tensions that may arise over transboundary water allocation. Should, as a
result, the adoption of legal measures appear necessary, the Commission should
investigate the political viability of such EU measures and alternative legal avenues
(enhanced cooperation, intra-EU treaties, etc.). The transboundary implications of
water quantity management should be taken on board along the same lines at UNECE,
basin and bilateral level as appropriate;
expand the scope of vulnerability management: the progressive approach of the
EU to transboundary flood prevention and control should be extended to other hydrological extremes. This should include at least risk mapping, substantive obligations
as well as cooperation procedures with regards to droughts and desertification. Particular attention should be paid to the short and long term transboundary impacts of
national drought management measures;
review dispute settlement and enforcement mechanisms in the EU: the availability and effective use of binding dispute settlement mechanisms is a major guarantee
of the stability of co-riparian relations. The European Commission should therefore investigate options and propose solutions for bilateral dispute settlement that go
© Springer Nature Switzerland AG 2020
G. Baranyai, European Water Law and Hydropolitics, Water Governance - Concepts,
Methods, and Practice, https://doi.org/10.1007/978-3-030-22541-4_13
185
Recommendations
In order to ensure the long term stability of transboundary water cooperation in the
European Union the following measures are recommended:
address hydro-political vulnerability in a comprehensive manner: the competent
UNECE and EU institutions (most prominently: the European Commission), basin
organisations and member states should address hydropolitical vulnerability in a
comprehensive, open and inclusive manner;
address transboundary water quantity management and water allocation: the
unanimity requirement under the Treaty on the Functioning of the European Union
should not be used as a justification for ignoring the pressing issue of transboundary
flow control. Despite the popular perception, the TFEU does delegate powers to
the EU to address transboundary water quantity management, it simply makes the
adoption of binding rules on the subject more difficult. In view of its clear competence
to do so, the European Commission should thoroughly explore existing and emerging
intra-EU tensions that may arise over transboundary water allocation. Should, as a
result, the adoption of legal measures appear necessary, the Commission should
investigate the political viability of such EU measures and alternative legal avenues
(enhanced cooperation, intra-EU treaties, etc.). The transboundary implications of
water quantity management should be taken on board along the same lines at UNECE,
basin and bilateral level as appropriate;
expand the scope of vulnerability management: the progressive approach of the
EU to transboundary flood prevention and control should be extended to other hydrological extremes. This should include at least risk mapping, substantive obligations
as well as cooperation procedures with regards to droughts and desertification. Particular attention should be paid to the short and long term transboundary impacts of
national drought management measures;
review dispute settlement and enforcement mechanisms in the EU: the availability and effective use of binding dispute settlement mechanisms is a major guarantee
of the stability of co-riparian relations. The European Commission should therefore investigate options and propose solutions for bilateral dispute settlement that go
© Springer Nature Switzerland AG 2020
G. Baranyai, European Water Law and Hydropolitics, Water Governance - Concepts,
Methods, and Practice, https://doi.org/10.1007/978-3-030-22541-4_13
185