7.4.2.Water resources protection and management in the EU

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Water is a vital resource that underpins both the environmental health and economic stability of the EU. Within the EU, water resource administration is governed by a well-established legal framework that emphasises integrated water management, environmental protection, and cross-border cooperation. The EU Water Framework Directive (2000/60/EC) (abbr. WFD) is the cornerstone of EU water policy, setting ambitious objectives to achieve ‘good status’ for all water bodies across Member States by 2027 by promoting sustainable water use, reducing pollution, and managing water resources at the river basin level.1 This directive, alongside other supporting regulations and directives, forms the backbone of water governance across the Member States. The WFD represents a significant shift from traditional water management approaches, promoting integrated water resource management (abbr. IWRM) at the river basin level, transcending political and administrative boundaries. However, the effectiveness of water conservation efforts across the EU varies widely due to the diverse legal, administrative, and governance structures of its Member States. While the WFD provides a unified policy framework, its implementation is subject to national interpretation, leading to varying degrees of success in achieving water conservation goals. Complementary directives, such as the Floods Directive (2007/60/EC) and the Drinking Water Directive (98/83/EC), further strengthen the regulatory framework for ensuring water quality, mitigating flood risks, and ensuring public access to clean drinking water.

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  • 7.4.3. National legislation and different governance structures in the EU Member States
  • EU WFD: Member States must implement the WFD into national law, but how they do this differs widely. This sub-chapter will provide a comparative analysis of the water protection administrations of five EU Member States (Germany, France, Poland, Spain and Hungary). The analyses involve the examination of their legislation, governance structures, and administrative systems.
  • Germany has a federal system where states (the Länder) play a significant role in water management. The Federal Water Act (Ger. Wasserhaushaltsgesetz, WHG) aligns with the WFD but allows states some flexibility in its implementation. The federal system gives significant power to the Länder, leading to diverse approaches to water management. The Federal Ministry for the Environment, Nature Conservation, Nuclear Safety, and Consumer Protection oversees national policy, but each Land develops its own River Basin Management Plans (abbr. RBMPs). The administrative complexity reflects its federal structure. Local and state agencies handle water quality monitoring, pollution control, and water use licensing. Coordination between federal and state levels is essential but can be challenging.2
  • France centralises water management under the Environmental Code, with River Basin Committees playing a key role in the application of the WFD at the regional level. Water governance is highly centralised but involves regional River Basin Agencies, which are responsible for managing water resources and implementing the WFD.3 These agencies work under the guidance of the Ministry of Ecological Transition. The River Basin Committees are composed of various stakeholders, including local governments, water users, and NGOs, ensuring broad participation in water management decisions. This multi-stakeholder approach is a strength but can lead to slower decision-making. The centralised approach, while efficient in policy formation, sometimes lacks the flexibility needed to address local issues effectively. The River Basin Agencies are well-resourced, but there are concerns about their ability to enforce regulations consistently.4
  • Poland has a more centralised approach, with the Water Law Act directly implementing EU directives at the national level, but it has faced challenges in enforcement due to administrative capacity constraints.5 The Polish Waters (Pol. Wody Polskie) institution, established in 2018, is responsible for water management, including the implementation of the WFD. This centralised body reports to the Ministry of Infrastructure, but it has faced criticism for insufficient local-level engagement. The centralisation of water management under Polish Waters aims to streamline administration but has been criticised for reducing local input and flexibility.6 The system is still adapting to the demands of the WFD, with ongoing reforms aimed at improving efficiency. Poland faces significant challenges in water management, including insufficient administrative capacity and financial resources. The centralised structure of Polish Waters has been criticised for being too top-down, with limited local involvement in decision-making.7
  • Spain blends regional autonomy with national oversight, reflecting its autonomous community structure. The 1985 Water Act was adapted to incorporate the WFD, but regional disparities in implementation are evident. The River Basin Authorities (Sp. Confederaciones Hidrográficas) are crucial in Spain’s water governance. They manage water resources across regional borders, balancing the interests of the autonomous communities.8 The Ministry for the Ecological Transition provides overall guidance and coordination. Spain’s administrative system reflects its regional diversity, with significant power vested in the autonomous communities. The River Basin Authorities coordinate across regions, but disparities in resources and capacity can lead to uneven implementation of water policies. The regional disparities in administrative capacity and resources can lead to uneven application of water protection measures. The balance between regional autonomy and national coordination is delicate, with ongoing debates about the effectiveness of current governance arrangements.9
  • Hungary’s water resource management is governed by a range of laws and regulations that align with EU directives. The most significant legislative framework is the Water Act (Act LVII of 1995 on Water Management), which sets out the general principles for water use, protection, and management. This act is complemented by various government decrees and ministerial regulations that provide more detailed rules and procedures. Hungary has also transposed the EU Water Framework Directive (2000/60/EC) into national law, which requires Member States to achieve good status for all waters and manage water resources on a river basin basis. This directive emphasises sustainable water use, pollution reduction, and the protection of aquatic ecosystems.10
 
1 Kaika, M. (2003). ‘The Water Framework Directive: A new directive for a changing social, political and economic European framework.’ European Planning Studies, 11(3) 299-316. https://doi.org/10.1080/09654310303640
2 BMUV: Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection. (n.d.). URL: https://www.bmuv.de/en/ (accessed: 23 September 2024).
3 Rowbottom, J., Graversgaard, M., Wright, I., Dudman, K., Klages, S., Heidecke, C., Surdyk, N., Gourcy, L., Leitão, I. A., Ferreira, A. D., Wuijts, S., Boekhold, S., Doody, D. G., Glavan, M., Cvejić, R., & Velthof, G. (2022). ‘Water governance diversity across Europe: Does legacy generate sticking points in implementing multi-level governance?’ Journal of Environmental Management, 32(19) Vol. 319. DOI: https://doi.org/10.1016/j.jenvman.2022.115598
4 CoR-France-Water Management. (n.d.). URL: https://portal.cor.europa.eu/divisionpowers/Pages/France-Water-Management.aspx (accessed: 23 September 2024).
5 Water Law. | FAOLEX. (n.d.). URL: https://www.fao.org/faolex/results/details/en/c/LEX-FAOC181663/ (accessed: 23 September 2024).
6 CoR-Poland-Water Management. (n.d.). URL: https://portal.cor.europa.eu/divisionpowers/Pages/Poland-Water-Management.aspx (accessed: 23 September 2024).
7 Supporting the State Water Holding Polish Waters - European Commission. (n.d.). URL: https://reform-support.ec.europa.eu/what-we-do/green-transition/supporting-state-water-holding-polish-waters_en (accessed: 23 September 2024).
8 Sanchis-Ibor, C., Pulido-Velazquez, M., de Palma, J. V., & García-Mollá, M. (2022). Water allocation in Spain. Legal framework, instruments and emerging debates. In: Rouillard, Josselin, Babbit, Christina, Challies, Edward, Rinaudo, Jean-Daniel (eds).: Water Resources Allocation and Agriculture: Transitioning from Open to Regulated Access. (Amsterdam:IWA Publishing) 93–103. ISBN 9781789062779 (print) ISBN 9781789062786 (e-book) ISBN 9781789062793 (ePUB). DOI: https://doi.org/10.2166/9781789062786_0093
9 Sánchez-Martínez, M. T., Salas-Velasco, M., & Rodríguez-Ferrero, N. (2012). ‘Who manages Spain’s water resources? The political and administrative division of water management.’ International Journal of Water Resources Development, 28(1), 27–42. https://doi.org/10.1080/07900627.2012.640610
10 Szilágyi, F., Ács, É., Borics, G., Halasi-Kovács, B., Juhász, P., Kiss, B., Kovács, T., Müller, Z., Lakatos, G., Padisák, J., Pomogyi, P., Stenger-Kovács, C., Szabó, K. É., Szalma, E., & Tóthmérész, B. (2008). ‘Application of water framework directive in Hungary: development of biological classification systems.’ Water Science and Technology, 58(11), 2117–2125. https://doi.org/10.2166/WST.2008.565
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