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Anaylsis of Legislation Framework of Cooperation Between Dnipro Basin Countires in the Field of Environmental protection, Common Use & protection of Transboundary Waterways & Development of the Basin Approach to Water Resources Management & Protection
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2. ANALYSIS OF THE LEGISLATION FRAMEWORK OF COOPERATION BETWEEN THE DNIPRO BASIN COUNTRIES IN THE FIELD OF ENVIRONMENTAL PROTECTION, COMMON USE AND PROTECTION OF TRANSBOUNDARY WATERWAYS AND DEVELOPMENT OF THE BASIN APPROACH TO WATER RESOURCES MANAGEMENT AND PROTECTION IN THESE COUNTRIES.
The goal of this stage of the project was to assess the preconditions for establishing a joint Dnipro basin management body.
We analyzed the degree of introduction of the basin approach to water management and use (on the practical implementation level as well as on the level on declarations and adopted development concepts) in the Dnipro basin countries and their current water use and protection legislation and policy tendencies.
In particular, we analyzed the experience of creating basin management bodies gained by the Dnipro basin countries when implementing ТАСІS programs (ТАСІS project “Consulting the Ministry of Natural Resources of the Russian Federation on Water Resources Management in Russia” (ENVRUS9801) involving a consortium of French companies and organizations BCEOM, VERSeau, IOWater and more), as well as other international cooperation programs and projects.
In particular:
1. Within the abovementioned project, Russia’s Ministry of Natural Resources has expressed the intention to base its institutional structure mainly on two existing models: the French model of water resources management and the Framework EU Directive on Water.
2. The Angara Basin Council is being created at the initiative of the participants of the Russian-Canadian project “Water Resources Managementin the Angara Basin (1998-2000)”. Draft regulations of the council have been considered.
3. Etc.
This experience shows that the Dnipro basin countries are ready to develop the basin approach based on the principles that are currently utilized in the EU countries.
Thus, Russia’s Ministry of Natural Resources has issued a number of administrative documents promoting the introduction of basin management principles. In particular, the development of the basin approach in Russia in the near future proposes the following measures:
1. Establishing representative water resources management bodies (basin councils) in order to involve water users in decision-making.
2. Establishing international water commissions for transboundary rivers in the rivers’ basin countries. These commissions are to determine general goals of river management.
3. Establishing executive bodies to provide practical basin management.
4. Developing a comprehensive financial and economic scheme of water resources management. A substantial part of payment for consumed water must be used to fund various basin programs.
5. Organize monitoring, data management and information flow management, which are important water resources management tools.
To ensure implementation of these measures, the 2002 – 2004 Bill Drafting Plan of Russia’s Ministry of Natural Resources provides for the drafting of governmental enactment On Approving the Regulations of the Dnipro Basin Council (State Water Service’s proposal for 2004) and federal law On Protection of the Volga Basin (State Water Service’s proposal for 2004).
The need to implement basin management principles in Ukraine is reflected in the Water Code of Ukraine, which was passed by the Verkhovna Rada of Ukraine in 1995 /26/, and Main Directions of Ukraine’s State Policy in the Sphere of Environment Protection, Natural Resources Management and Ecological Security approved by the Resolution of the Verkhovna Rada from May 5, 1998.
An important step in this direction was the establishment of the Dnipro Basin Environment and Drinking Water Council in accordance with the Resolution of the Cabinet of Ministers No. 1544 from August 19, 1999. Members of the council are representatives from ministries and other government agencies, 20 regional administrations, Kiev City State Administration, as well as the region’s academic organizations, industry and NGOs. The council’s purpose is to carry out coordinated environmental protection and management policy in the Dnipro basin.
International experience of implementing the basin management approach is of great importance. Therefore, the decision to establish the Council and the beginning of its work constitute an important step in Ukraine’s European integration through harmonization of law and improvement of the country’s environmental protection management system in accordance with EU requirements.
In the Republic of Belarus, water management and protection system does not make such an extensive use of the basin management approach. Nevertheless, there are some positive tendencies, which partly come from the country’s participation in a number of international projects.
The following groups of documents were examined when analyzing the Dnipro basin countries’ existing legislation:
1. Bilateral and multilateral agreements on common use and protection of transboundary waterways.
2. Bilateral and multilateral environmental protection agreements.
3. Bilateral and multilateral agreements on economic, interregional and cross-border cooperation.
Russia has ratified, and Ukraine has joined the Convention on the protection and management of transboundary waterways and international lakes (March 17, 1992, Helsinki), which is a crucial step on the way to creating interstate management bodies. Russia and Ukraine have ratified the Convention on Black Sea protection from pollution (Bucharest, 1992).
The main conclusion is that the necessary prerequisites are in place in the Dnipro basin countries for signing the Dnipro Convention and establishing an organizational structure to provide for and coordinate its implementation.
A complete report on this task is attached in Appendices 3 and 4.
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