“Key challenges in the implementing law within transboundary basins – selected case studies, presentations by GWP Participants” …………………………………………………………………………………………….. Legal and practical aspects of the bilateral relations between Bulgaria and Greece coordination of cooperation in trans-boundary water management (River basins: - Struma, Mesta, Arda and Maritsa) Vladimir Stratiev - Bulgaria

CONTENT: I. Legal framework of interstate relations in the cooperation in the field of trans-boundary water management. II. Characteristics of the river basins in Bulgaria. Initial hypotheses for the possible forms of transboundary water management. III. Legal aspects and major challenges in trans-boundary water management between Bulgaria and Greece in the common European legal framework and in accordance with bilateral agreements. IV. Summary and conclusions on the issues and legal aspects of trans-boundary water management from the experience of Bulgaria and Greece.

Legal framework of interstate relations in the cooperation in the field of trans-boundary water management. 1. Instruments of international law - UN documents and international conventions with a subject to the environment and water. 2. European legal framework for environmental protection and water management. 3. National legislation of the Republic of Bulgaria relevant to the field of water management. 4. The 50- year history of bilateral international instruments in relations between Bulgaria and Greece on water management.

- art. 5 of CRB the implementation of the international agreements in the Bulgarian judicial system; - art. 18 of CRB - special laws and exclusive status of the waters and the protected areas; - art. 24 and art. 85 of the CRB – the base for the foreign policy of Bulgaria, and the participation in international treaties; - International agreements Act, the Agreement for the joining of Bulgaria to the EU; - The Water Act from 2000 and its systematic importance for the all main transpositions of European water directives; - Other connected to it ecological laws – the Environment Act and these for the protected areas and biodiversity, management of the waste treatment, responsibility for covering the environmental damages and etc. - Laws regulating activities of water use and public services in water sector; I.3. National legislation of the Republic of Bulgaria relevant to the field of water management.

І.4. Bilateral international instruments in relations between Bulgaria and Greece on water management: І.4.1. The both Bilateral Agreements from 1964 – one is into force to 2024; І.4.2. Agreement from 1972 – no any activity…. ; І.4.3. Agreement from 1995 for usage of water in Mesta river basin; - many disputes are blocking the Agreement; І.4.4. Conclusions from the 50-year history of the bilateral relations; І.4.5. Joint Declaration of the ministers of the Environment from 2010.

Summary of conclusions about the experience of Bulgaria in the bilateral agreements with Greece The review of the bilateral agreements include their main objectives and significance, the assessment of the nature of the obligations of the parties, the existence of legal mechanisms and marking the positive and negative aspects of the agreements; There are identified as problems the one-sided and mostly aimed for water usage nature of these arrangements, their directions to ensure the economic interests of the downstream country for an regular annual supply of the fresh water resources on responsibility of the upstream country, also the lack of environmental objectives and systematic approach in the regulation of the bilateral relations; The agreements are associated with tense historical and diplomatic relations, with different positions on the perspectives and interests in this field; the lack of effective and constructive dialogue within this framework; In the agreements there are no mechanisms or goals for the development and improvement these relations; The framework is unable to display the current contemporary issues and necessary solutions on water management cooperation between the two countries; Confidence and assurance of reciprocity and mutual interest are lacking in this process and in the main aspects of the bilateral relations.

II. General hydrographic and territorial characteristics of the river basins between Bulgaria and neighbouring countries. ІІ.1. Hydrographic and territorial characteristics. - 4 districts of basin management; - boundary and transboundary rivers – Danube, Maritsa, Rezovska, Timok; - distribution of the river basins on Bulgarian territory – Arda, Maritsa, Tundja – the point of their merging is around Edirne, Turkey; - Struma, Mesta and Dospat – all the down-streams are on the North Greece territory; - data for the river basins and their annual flow – constant fresh water sources to Greece (further are given also maps and schemes to illustrate this).

Maritsa Tudja Arda T

The main river basins in East-Aegean river basin district

West –Aegean river basin district

Main data for the rivers and river basins in South Bulgaria West Aegean river basin district Territory – km2 /11 % of the territory of Bulgaria/ Main rivers: Struma: length (290 km); - area 8545 km2; flow – m3; Mesta: - - (125 km);- area 2789 km2;flow m3; Dospat: - - (96 km); - area 636 km2; flow m3; East Aegean river basin district Territory km2 - /32 % of the territory of Bulgaria/ Population – Common length of the main rivers – (912,6 km) Main rivers: Maritca: length (305 km); - area km2; flow – m3; Tundja: - - (337 km);- area 8029 km2; flow m3; Dospat: - - (231 km); - area 5273 km2; flow m3; Common Fresh Water Flow from Bulgaria territory through the main rivers to the border of Greece – over m3 annually!

ІІ.2. Initial hypotheses scenarios (options) in view of hydrographic features of the location of river basins and river stream against state frontiers. Significance of the location of the state boundaries according to the river beds and water courses and the territory of water bodies - scenarios (hypotheses); Significance of the location of the state boundaries according to the river beds and water courses and the territory of water bodies - scenarios (hypotheses); Placement of the border crossing the river stream – up-stream and down stream territories; Placement of the border crossing the river stream – up-stream and down stream territories; Placement of the border in the middle of the river stream – left bank – right bank; Placement of the border in the middle of the river stream – left bank – right bank; Mixed cases – the border is crossing the rivers and follows the course, incl. to its estuary upon entering the rivers in the sea; Mixed cases – the border is crossing the rivers and follows the course, incl. to its estuary upon entering the rivers in the sea; Status of the territories of the river basins and the role of state sovereignty. Status of the territories of the river basins and the role of state sovereignty.

II.3. Participation of Bulgaria in international agreements in the field of water. Two Conventions in the Danube river basin ; Two Conventions in the Danube river basin ; Convention for the protection of the Black Sea – BSC; Convention for the protection of the Black Sea – BSC; Bilateral agreement with Romania for the implementation of the WFD; Bilateral agreement with Romania for the implementation of the WFD; Bilateral agreements with Turkey – Common Agreement for the cooperation in the field of the environment, ad hoc Agreement since 1993 for supplying of water against payment for the irrigation and the Joint declaration between the ministries from 2012 for cooperation in water resources management. Bilateral agreements with Turkey – Common Agreement for the cooperation in the field of the environment, ad hoc Agreement since 1993 for supplying of water against payment for the irrigation and the Joint declaration between the ministries from 2012 for cooperation in water resources management.

III. Legal aspects and major challenges in trans-boundary water management between Bulgaria and Greece in the common European legal framework and in accordance with bilateral agreements. ІІІ.1.1 Legal aspects of the WFD Guiding principle of the EU directives in the of water – WFD, FRMD, the Directive 271 concerning urban waste water MSFD and others. Guiding principle of the EU directives in the of water – WFD, FRMD, the Directive 271 concerning urban waste water MSFD and others. A major highlight is the introduction of basin water management and the set of activities for the preparation of management plans for the river basins. A major highlight is the introduction of basin water management and the set of activities for the preparation of management plans for the river basins. The WFD requires an ecosystem approach and integrated water management; The WFD requires an ecosystem approach and integrated water management; In article. 3 and art. 13 of the WFD are provided principles for determining the transboundary bodies and principles for developing common plans for the management of international river basins and coordinating relevant RBMP where the river basins from the relevant territories are within the international river basin district. In article. 3 and art. 13 of the WFD are provided principles for determining the transboundary bodies and principles for developing common plans for the management of international river basins and coordinating relevant RBMP where the river basins from the relevant territories are within the international river basin district. The purpose of these and other provisions of the WFD is to ensure common, equal and widespread implementation of the requirements of art. 4 of the WFD in setting environmental objectives in the process of water management and the development of programs of measures in the RBMPs in every EU member-state. The purpose of these and other provisions of the WFD is to ensure common, equal and widespread implementation of the requirements of art. 4 of the WFD in setting environmental objectives in the process of water management and the development of programs of measures in the RBMPs in every EU member-state.

ІІІ.1.2. Major challenges in the implementation of the WFD - harmonization of the relevant national legal framework with European directives in the field of water management; - the level of introduction and implementation of the WFD and the daughter directives in the relevant EU member-states; - coherence of the systems for water management and protection; - comparability of the structure and the organization of the competent institutions and the management of the water sector in the member states; - the organization of the management of the water sector in neighboring countries, incl. the reached different stages and phases in the preparation and execution (implementation) of the first RBMPs resp. FRMPs; - legal aspects that have no explicit decision in WFD - examples from the practice....

ІІІ.2.1. Joint Declaration from 2010 for cooperation in the field of water management in river basins shared between Bulgaria and Greece. Basic points and development(five principles). Constant dialogue and cooperation between all levels of the administration of the Environment and Water; Constant dialogue and cooperation between all levels of the administration of the Environment and Water; Reciprocal and periodic exchange of information between the Parties pursuant to the international legal framework; Reciprocal and periodic exchange of information between the Parties pursuant to the international legal framework; The bilateral cooperation will be coordinated pursuant to the national legislations and according to EU directives; The bilateral cooperation will be coordinated pursuant to the national legislations and according to EU directives; Cooperation aiming for protection of the water resources and sustainable water management in the relevant territories – exchange of quantitative and qualitative data on waters; Cooperation aiming for protection of the water resources and sustainable water management in the relevant territories – exchange of quantitative and qualitative data on waters; Coordination of RBMPs pursuant to the РДВ; Coordination of RBMPs pursuant to the РДВ; The Joint Declaration contains constructive and flexible approach towards all of the “hot” moments in the relations between the two countries – search for understanding. The Joint Declaration contains constructive and flexible approach towards all of the “hot” moments in the relations between the two countries – search for understanding.

ІІІ.2.2. Joint Declaration from 2010 for cooperation in the field of water management in river basins shared between Bulgaria and Greece. Development - meetings of expert working groups ; - preparation and implementation of rules and procedures for cooperative work; - targeted exchange of information and data; - start of coordination in the processes of development and implementation of RBMP in each of the countries; - prior coordination of data and methods of work on FRMPs; - new principles in the dialogue and the working methods between the countries - mutuality, reciprocity, common understanding of the aspects of TWM warranties of mutuality of interests in the usage of the waters; - development the exchange of information and the agenda of the working groups from the general and institutional issues to the specification in the expert levels and coherence of the activities pursuant the general matrix of the WFD;

In the beginning of 2010 г. in Bulgaria are established the first 6-year RBMPs pursuant the requirements of WFD and Water Act. In the beginning of 2010 г. in Bulgaria are established the first 6-year RBMPs pursuant the requirements of WFD and Water Act. Bulgaria participates as a candidate-member and then as a member of the EU in the mechanism and activities of ICPDR for the preparation of the first management plan for the international river basin of the Danube and the second cycle of evaluation and implementation of the Plan; Bulgaria participates as a candidate-member and then as a member of the EU in the mechanism and activities of ICPDR for the preparation of the first management plan for the international river basin of the Danube and the second cycle of evaluation and implementation of the Plan; During 2010 Bulgaria has made the transposition of FRMD, which set the beginning of the preparatory activities and the first FRMPs; During 2010 Bulgaria has made the transposition of FRMD, which set the beginning of the preparatory activities and the first FRMPs; In the preparation the countries have to keep the succession of the phases provided in the FRMD – evaluation of the flood risk, definition of the zones with high flood risk, preparation of the first FRMPs as a part of the RBMPs In the preparation the countries have to keep the succession of the phases provided in the FRMD – evaluation of the flood risk, definition of the zones with high flood risk, preparation of the first FRMPs as a part of the RBMPs In 2014 Greece is yet to finalize its first RBMPs; In 2014 Greece is yet to finalize its first RBMPs; Bulgaria enters the II cycle of evaluation and implementation of river basin management plans in 2014; Bulgaria enters the II cycle of evaluation and implementation of river basin management plans in 2014; III.2.3. Status of the preparation of RBMPs in Bulgaria and Greece

Status in the preparation of RBMPs в in the EU member states (Updated 08/04/2014)

IV. Summary and conclusions about the issues and legal aspects of transboundary water management from the experience of Bulgaria and Greece. IV.1 Conclusions concerning the necessary principles, incorporation of the objectives and the framework for successful development of the bilateral relations in transboundary water management. - what are the obligatory principles of any bilateral and multilateral cooperation in the field of waters; - principles in the building of the relations; - principles in the building of the relations; - highlights and priorities in water management; - highlights and priorities in water management; - what are the appropriate legal mechanisms for the development of the relations and for avoiding the disputes; - how to create an incorporation of the objectives and the priorities; - how to create an incorporation of the objectives and the priorities; - Steps of forming a common legal framework - international regulations and national legal framework; - Steps of forming a common legal framework - international regulations and national legal framework;

ІV.2. Factors for the development of the international legal framework for trans-boundary water management. - sharing practical experience from existing multilateral and bilater al agreements - the results; - development of the theoretical and legal principles and guidelines in support of the bilateral cooperation - analysis of the proper models; - a ecosystemical approach and priority of the environmental objectives and aspects of the development of the forms of transboundary water management; - development and implementation of the European legal framework - advanced model for upgrading - WFD, FRMD, MSFD; - Modernization of the international agreements and conventions and the international legal theory and practice, incl. Analysis and evaluation whether they are necessary, when the basic principles of the European directives in the water sector are followed.

AMENDMENTS TO THE PRESENTATION: AMENDMENTS TO THE PRESENTATION: Proposal to the UN for adoption of new principles in Water Management and Human Rights to Water – Sofia March 2014 Proposal to the UN for adoption of new principles in Water Management and Human Rights to Water – Sofia March 2014

Proposal to the UN for adoption of new principles in Water Management and Human Rights to Water – Sofia March 2014; The guidelines about sustainability and the final outcomes of UN-Water document "A Post-2015 Global Water Goal" from January 27, 2014, were the basis for the national discussions in March The aims to achieve sustainability in the water sector have been reviewed in the light of Bulgaria's geographical location and its EU membership. Experts and stakeholders unanimously supported the proposal that the United Nations should strengthen the following principles in relation to water, ensuring human rights in each country: The UN Charter to the Human Rights to be the base for the development of the International law, including the International law for the Waters; The UN Charter to the Human Rights to be the base for the development of the International law, including the International law for the Waters; Globally the Water is a subject of strategic interests and they require adequate quantity and quality of the water for the population and economy bearing the needs of the aquatic ecosystems; Globally the Water is a subject of strategic interests and they require adequate quantity and quality of the water for the population and economy bearing the needs of the aquatic ecosystems; Ownership of water should not be determined in the national legislation; Ownership of water should not be determined in the national legislation; Every State to exercise the sovereignty over the waters formed in its territory; Every State to exercise the sovereignty over the waters formed in its territory; Water resources use of transboundary rivers/basins to be based on the principles of solidarity and reciprocity. Water resources use of transboundary rivers/basins to be based on the principles of solidarity and reciprocity. Measures should be taken so that the quality of these waters is not affected to a degree that would deprive the right to use in downstream or coastal countries; Measures should be taken so that the quality of these waters is not affected to a degree that would deprive the right to use in downstream or coastal countries; All bilateral and multilateral agreements which bind country/countries to provide a certain water amount to transboundary country/countries to be adequately changed or canceled. All bilateral and multilateral agreements which bind country/countries to provide a certain water amount to transboundary country/countries to be adequately changed or canceled. River Basin Management Plans should become the main tool for ensuring the required amount of water without the risk to human health and environment damages; River Basin Management Plans should become the main tool for ensuring the required amount of water without the risk to human health and environment damages; Flood Risk Management Plans should become the main tool for minimizing the risk of flooding, causing human casualties and economic losses. Each country should build early warning systems for floods, as a primary measure minimizing the flood risk to the population and the economy for the country itself, as well as for the transboundary countries. Flood Risk Management Plans should become the main tool for minimizing the risk of flooding, causing human casualties and economic losses. Each country should build early warning systems for floods, as a primary measure minimizing the flood risk to the population and the economy for the country itself, as well as for the transboundary countries.

Thank you!