EU Water Framework Directive vs. Integrated Water Resources Management: The Seven Mismatches

Transcription

1 Water Resources Development, Vol. 20, No. 4, 565±575, December 2004 EU Water Framework Directive vs. Integrate Water Resources Management: The Seven Mismatches MUHAMMAD MIZANUR RAHAMAN, OLLI VARIS & TOMMI KAJANDER Water Resources Laboratory, Helsinki University of Technology, Finlan ABSTRACT The aim of this paper is to analyze how the EU Water Framework Directive complies with the international principles concerning Integrate Water Resources Management (IWRM) agree in major conferences. The outcomes of the International Conference on Water an Environment (Dublin, 1992), the Secon Worl Water Forum (The Hague, 2000), the International Conference on Freshwater (Bonn, 2001), an the Worl Summit on Sustainable Development (WSSD) (Johannesburg, 2002) were compare with the EU Water Framework Directive. Seven notable mismatches were foun, even though several EU countries have playe a leaing role in those conferences. The question arises whether the outcome of these conferences is not ef cient enough to in uence EU policiesðo the conferences just prouce collections of iealistic buzzwors or is there a requirement for ifferent principles regaring IWRM for eveloping countries an evelope countries? Introuction There is a growing recognition throughout the worl of the urgent nee for Integrate Water Resources Management for the effective an ef cient management of water resources. Accoring to the Technical Avisory Committee of Global Water Partnership (GWP, 2000, 2003) ``IWRM is a process, which promotes the co-orinate evelopment an management of water, lan an relate resources in orer to maximize the resultant economic an social welfare in an equitable manner without compromising the sustainability of vital ecosystem''. Different international organizations are trying to promote IWRM all over the worl. In recent years a number of conferences have been hel to give speci c guielines for promoting IWRM. The most in uential attempts in these regars have been the Dublin Conference (January 1992), the Secon Worl Water Forum & Ministerial Conference hel in The Hague (March 2000), the International Conference on Freshwater, Bonn (December 2001), an the Worl Summit on Sustainable Development, Johannesburg (2002). In all the conferences representatives of ifferent international organizations, government elegates from all Corresponence Aress: Olli Varis, Water Resources Laboratory, Helsinki University of Technology, PO Box 5200, FIN HUT, Finlan. olli.varis@hut. 0790±0627 Print/1360±0648 Online/04/ ã 2004 Taylor & Francis Lt. DOI: /

2 566 M. Mizanur et al. over the worl, non-governmental organizations (NGO) representatives an ifferent onor agencies have share their views on new approaches for the assessment, evelopment an management of freshwater resources. All four international conferences have highlighte the participatory approach, women's role in ecision making, have consiere water as an economic goo an promote ecentralization. This paper takes one of the most in uential, contemporary water policy tools into consieration, namely the European Union Water Framework Directive (EU WFD). The aim is to analyze how the EU WFD complies with the international principles concerning Integrate Water Resources Management agree in major conferences an the WSSD an focus on the mismatches between them. Whereas these principles have been strongly in uence by governments of several EU countries an they are meant to be principally applicable throughout EuropeÐ an in practice worlwieðwhy are the principles of EU WFD in iscor with the principles of ifferent internationally agree principles of water resources management? International Events Focusing on IWRM Several major international events have been hel in the past ecae focusing on IWRM. Here, the outcomes of the four most in uential ones are summarize. Dublin 1992: International Conference on Water an Environment In January 1992, the International Conference on Water an Environment Issues for the 21st century was hel in Dublin, Irelan. It serve as the preparatory event for the Rio Conference with respect to water issues. The conference report set out recommenations for action at local, national an international levels, base on four guiing principles. Current thinking on the crucial issues in water resources is heavily in uence by the Dublin Principles (ICWE, 1992), which are: 1. Fresh water is a nite, vulnerable an essential resource, which shoul be manage in an integrate manner. 2. Water evelopment an management shoul be base on a participatory approach, involving users, planners an policy makers at all levels. 3. Women play a central role in the provision, management an safeguaring of water. 4. Water has an economic value an shoul be recognize as an economic goo, taking into account afforability an equity criteria. The Hague 2000: Secon Worl Water Forum & Ministerial Conference The Secon Worl Water Forum was hel from 17±22 March 2000 in The Hague, the Netherlans. In almost 100 sessions, more than 5700 participants from all over the worl iscusse the urgency of the water crisis an ebate on the steps require to ensure the suf ciency of clean water for all of us in the future. Privatization of water, or more precisely, the issue of public-private partnerships, receive a great eal of attention uring the forum. `Water is a basic human right'

3 Mismatches between the EU WFD an IWRM 567 was another hot topic. The key issues raise in the Secon Worl Water Forum (WWC, 2000) are: 1. Privatization: To achieve water security, water must be everyboy's business, but on the other han the government monopoly in water management shoul not be replace by a private monopoly. 2. Charging the full cost for water services: Users shoul be charge the full cost of the services, with appropriate subsiies mae available to the poor. 3. Right to access: Water is not only consiere essential for human health, it is also esperately neee by millions of poor women an men in rural areas for prouctive reasons: to grow foo for the family or generate income. Almost 90% of water resources are use for agriculture. Right of lan an use of water are key eterminates for people's potential to break own the poverty trap. 4. Participation: Water can empower people, an women in particular, through a participatory process of water management. Participation implies sharing of power, emocratic participation of citizens in elaborating or implementing water policies an projects, an in managing water resources. Bonn 2001: International Conference on Freshwater In December 2001, the International Conference on Freshwater took place in Bonn, focusing on water as a key to sustainable evelopment. The Bonn Conference was the major preparatory event in the el of water management towars the Johannesburg Summit in The conference brought together government elegates from 118 countries, incluing 46 ministers, representatives from 47 international organizations an elegates of 73 organizations from major groups an the civil society. The conference reviewe the role of water in sustainable evelopment, took stock of progress in the implementation of Agena 21 an ienti e how its implementation can be improve. Agena 21 is the result of many previous efforts an conferences that have e ne the challenges, evelopment principles an policies relate to water an sustainable evelopment. There is often a gap between making such policies an putting them into practice. The conference therefore focuse on practical ieas. The Bonn Keys are liste below (ICFW, 2001a): 1. The rst key is to meet the water security nees of the poor. 2. Decentralization is key. The local level is where national policy meets community nees. 3. The key to better water outreach is new partnerships. 4. The key to long-term harmony between nature an its neighbours is cooperative arrangements at the water basin level, incluing across waters that touch many shores. IWRM is therefore neee to bring all water users together to share information an make ecisions. 5. The essential keys are stronger, better performing governance arrangements. Johannesburg 2002: The Worl Summit on Sustainable Development (WSSD) In August an September 2002, the Worl Summit on Sustainable Development

4 568 M. Mizanur et al. was hel in Johannesburg, South Africa. This Summit brought together tens of thousans of participants, incluing heas of states an governments, national elegates an leaers from non-governmental organizations (NGOs), businesses an other major groups. The aim was to focus the worl's attention an irect action towar meeting if cult challenges, incluing improving people's lives an conserving natural resources in a worl that is growing in population, with ever-increasing emans for foo, water, shelter, sanitation, energy, health services an economic security. By strongly reaf rming commitment to Rio Principles an commitment to the full implementation of Agena 21, the WSSD ha a strong focus on IWRM. The main points of the WSSD Plan of Implementation relating to IWRM are liste below (WSSD, 2002): 1. Developing IWRM an water ef ciency plans by 2005 for all major river basins of the worl. 2. Developing an implementing national/regional strategies, plans an programmes with regar to IWRM. 3. Improving the ef ciency of water usage. 4. Facilitating the establishment of public-private partnership. 5. Developing gener sensitive policies an programmes. 6. Involving all concerne stakeholers in all kins of ecision making, management an implementation processes. EU Water Framework Directive: An Overview The increasing eman by citizens an environmental organizations for cleaner rivers an lakes, grounwater an coastal areas is evient. This eman by citizens is one of the main reasons why the EU Commission has mae water protection one of the priorities of its work. To ensure that pollute water is properly treate an clean water is kept clean, the roles of citizens an citizens' groups are crucial. For this reason the new EU Water Framework Directive attempts to get citizens more involve. European Water Legislation was initiate in 1975, in a ` rst wave', with stanars for rivers an lakes use for rinking water abstraction, an culminate in 1980 in setting bining quality targets for rinking water. The Community Water Policy Ministerial Seminar in Frankfurt in 1988 reviewe the existing legislation, ienti e the gaps an propose a number of improvements. The outcome of the Frankfurt Ministerial Seminar was the aoption of The Urban Waste Water Directive (1991) an The Nitrates Directive (1991). In its resolution of 25 February 1992 the Council of the EU requeste an action programme for grounwater an a revision of Council Directive 80/68/EEC on the protection of grounwater against pollution cause by certain angerous substances as part of the overall policy on freshwater protection. On 10 November 1995, the EU Environmental Agency presente an upate state of the environment report `Environment in the European Union 1995', con rming the nee for action to protect community waters in qualitative as well as in quantitative terms. On 18 December 1995, the Council aopte conclusions requiring the rawing up of a new Water Framework Directive establishing the basic principles of sustainable water policy in the European Union.

5 Mismatches between the EU WFD an IWRM 569 The EU Council on 25 June 1996, the Committee of the Regions on 19 September 1996, the Economic an Social Committee on 26 September 1996 an the European Parliament on 23 October 1996, requeste the Commission to come forwar with a proposal for a Water Framework Directive. The European Parliament's Environment Committee an the Council of Environmental Ministers requeste the Commission: ``Whilst EU actions such as the Drinking Water Directive an the Urban Waste Water Directive can uly be consiere milestones, European Water Policy ha to aress problems in a coherent way. This is why the new European Water Policy was evelope in an open consultation process involving all intereste parties'' (EC, 2000). All parties agree on the nee for a single piece of framework legislation to resolve these problems. In response to this, the Commission presente a proposal for a Water Framework Directive with the following key aims (EC, 2000): Expaning the scope of water protection to all waters, surface waters an grounwater. Achieving `goo status' for all waters by a set ealine. Water management base on river basins. `Combine approach' of emission limit values an quality stanars. Getting the right prices of water. Getting citizens more closely involve. Streamlining legislation. On 23 October 2000, the ``Directive 2000/60/EC of the European Parliament an of the Council establishing a framework for the Community action in the el of water policy'' or in short, The EU Water Framework Directive (EU WFD), was nally aopte. The Directive was publishe in the of cial journal of European Communities (OJ L 327) on 2 December 2000 an came into force on the same ay. The Seven Mismatches Even though it was carefully esigne to improve an harmonize water resources management in the EU member countries, the EU Water Framework Directive has some clear mismatches compare with the guielines that are the focus of the Dublin Principles, Bonn Keys, the statements of the Secon Worl Water Forum an in the WSSD Plan of Implementation, to make an effective water policy for IWRM. In this section seven mismatches are reveale an iscusse. Gener Awareness Women play a pivotal role as proviers an users of water an guarians of the living environment. For millions of women aroun the worl, fetching an carrying water is part of their aily work routine. Men rarely take part in the collection of waterðit is generally seen exclusively as women's work. Lack of water is a eterminant of poverty an contributes to the feminization of poverty. Women are responsible not only for themselves, but also for the members of their families an the community at large. As women are carriers of water, main users, family health eucators, motivators an agents of change, for better an ef cient water resources management the role of women must be re ecte in the institutional arrangement of water resources. Women rights entitle them to an

6 570 M. Mizanur et al. equitable share in the management of water for all uses incluing omestic, farming an entrepreneurial an to protection of the environment. A gener sensitive approach is one crucial part of managing water in a sustainable manner. IWRM calls for women's speci c nees to be aresse an to equip an empower women to participate at all levels in water resources programmes, incluing ecision making an implementation, in ways e ne by them. The Dublin Principle 3 states that women play a central role in the provision, management an safeguaring of water. In the Secon Worl Water Forum the Ministerial Conference was urge to emphasize the nee for fair an balance male an female roles an responsibilities at all ages an in all settingsð in water policies, institutions an in the esign, planning, implementation, monitoring an evaluation of schemes. The Bonn Recommenation for Action also stresses the promotion of gener equity in water resource management. Men an women shoul be equally involve in managing the sustainable use of water resources an sharing of bene ts. The Report of the Gener Plenary Session in the Bonn Conference recommene that planners must systematically inclue a gener perspective in the evelopment of all national an regional water resources policies an programmes. They shoul re ect the ivision of roles an labour, pai an unpai, between men an women in all settings relate to water. Data relating to water shoul be isaggregate by gener (ICFW, 2001b). The WSSD Plan of Implementation urges the enhancement of the role of women at all levels an in all aspects of rural evelopment, sustainable agriculture, an nutrition an foo security. It also gives priority to the nee to evelop an implement gener sensitive policies an programmes to eliminate social inequities. The EU WFD oes not focus on gener awareness an the involvement of women in water management, ecision making an the implementation of water relate projects. It is not gener sensitive. Integration between Different Sectors All life epens on water. The same water can serve many ifferent purposes, in ifferent places. It is even possible for the same water to ful l ifferent purposes at the same time or sequentially, if proper planning takes place. As water is essential to our health, our spiritual nees, our comfort, our livelihoo an our ecosystem, IWRM calls for integration between ifferent sectors. An integrate approach to water an water management takes into account the nees of all sectors. The key to future action on water an sustainable evelopment is to integrate programmes an policies on conservation. The WSSD focuse on the necessity of managing natural resources in a sustainable an integrate manner for achieving sustainable evelopment. It urge for the implementation of strategies at national an regional levels to achieve integrate management of lan, water, living resources an protecting ecosystem. EU WFD mainly focuses on water status an environment an water neee as rinking water (EC, 2000). The Directive oes not focus on the nee for an integrate approach between ifferent water relate sectors. There is no guieline to relate population growth, increasing eman for water (for foo, hyropower, transportation, sheries, energy etc.), promotion of water ef cient technologies in inustry, an water saving irrigation techniques. All in all, the important role that water plays in economic evelopment is not properly unerstoo in the Directive.

7 Mismatches between the EU WFD an IWRM 571 Decentralization Privatization an public±private participation are among the most important issues that are the focus of ifferent international conferences relate to freshwater management. Bonn Keys state, ``Decentralization is key. The local level is where national policy meets community nees''. The Bonn Recommenation for Action also calls for making water attractive for private investment. In view of the high capital eman for water infrastructure investment, it is necessary to augment public funing by mobilizing private funing for water utilities, wastewater treatment, irrigation an other waterrelate programmes (ICFW, 2001c). The Bonn Recommenation for Action focuses on public±private partnerships, noting that privately manage service elivery oes not imply private ownership of water resources. It also argues for the use of self-help potential in local communities to reuce the nancial requirement of rural an urban projects for poverty alleviation by supporting NGOs an others to evelop micro- nance capabilities. In the Secon Worl Water Forum privatization an public-private partnership were wiely propagate. The Secon Worl Water Forum also calle for making water everyboy's business to achieve water security. The WSSD focuse on public±private partnership an also urge that such a partnership must consier the nees of the poor, involve all concerne stakeholers an transparent monitoring an accountability criteria. Decentralization is neglecte in the EU WFD. The Directive oes not set out clear guielines to promote ecentralization, private investment an support to evelop micro- nance capabilities. Participation of Stakeholers Stakeholer participation is one of the most important issues in IWRM. Water can empower people, an particularly in the process of water management. The political Law of Hyraulics states, `` Water ows upwars towars power'' (GWP, 2000). The Dublin Principle 2 calls for the evelopment an management of water through a participatory approach, involving users, planners an policy makers at all levels. IWRM requires ecisions at the lowest appropriate level, with full consultation an involvement of the users in the planning an implementation of projects. The Bonn Recommenation for Action states that participation of all stakeholers who use or protect water resources an their ecosystem is require an special attention is neee to improve the participation of those people, particularly the poor, who are often exclue from ecision making. Ministerial eclarations of the Secon Worl Water Forum urge that water shoul be governe wisely, so that the involvement of the public an the interests of all stakeholers are inclue in the management of water resources. Users shoul not only have a right to access of water services but also participate actively in water resource management. In orer to achieve ef cient, equitable an sustainable water management within the IWRM approach, the principle of subsiiary, which rives own action to the lowest appropriate level, will nee to be observe (SWWF, 2000). The WSSD calle for facilitating the establishment of public-private partnership an other forms of partnership by involving all concerne stakeholers. It also focuse on the nee for facilitating access to public participation an participation, incluing women, in all kins of policy an

8 572 M. Mizanur et al. ecision making an implementation processes relate to water resources management. The EU WFD sets out clear guielines for stakeholer participation in the prouction, review an upating of the river basin management plans, but it lacks a focus on any clear guielines to inclue water users an other intereste parties in the management of water resources. Focus on Poverty Lack of access to aequate water for househol use an foo prouction an lack of a clean environment are among basic eterminants of poverty. Poor water management hurts the poor most. The Dublin Principles aim at wise water management with a focus on poverty. The Bonn Conference focuse on water as a key to sustainable evelopment. The Bonn Recommenation for Action urges that policies for all aspects of water shoul be clearly linke to policies for poverty reuction an economic growth. The WSSD urge employment of the full range of policy instruments giving priority to the nees of poor, to the satisfaction of basic human nees an to eraicate poverty. Governments shoul review the priority given to water, sanitation an prouctive water infrastructure in national an international programmes to tackle poverty. Plans shoul be realistic an targete to the nees of the poor an shoul inclue targets an inicators of progress at all levels. In the Secon Worl Water Forum poverty eraication through water use was one of the key issues iscusse. It urge that efforts to eraicate poverty have to attach an altogether higher level of importance to water an sanitation-relate investment if strategies to eraicate poverty are to be successful. It also mentione that rights to lan an use of water are key eterminates for people's potential to break own the poverty trap. The WSSD also highlighte the nee to mobilize international an omestic nancial resources for water an sanitation infrastructure an service evelopments to meet the nees of the poor. IWRM calls for `A blue revolution' to ensure more jobs an more crops per rop of water (GWP, 2000). Agriculture is the worl's largest user of water. Water is the essential requirement for all forms of foo prouction. Almost 90% of water resources are use for agriculture. To eraicate poverty, water policies must focus on the agricultural sector. The EU WFD oes not mention any clear link to policies of poverty reuction. Poverty alleviation also goes han in han with gener integration. There is no speci c guieline in the EU WFD to integrate the agricultural sector in water policies. Human-oriente Management The water resources crisis is not cause by moern technologies; it is the result of poor management. Technology-oriente management shoul be balance with human-oriente management (Shen & Varis, 2000). The Dublin Principles focus on a holistic approach for effective water management, linking social an economic evelopment with the protection of natural ecosystems. The EU WFD promotes technology-oriente management. Technological innovations are important for water resources evelopment. However, better, ef cient an effective water resources management shoul not rely only on

9 Mismatches between the EU WFD an IWRM 573 technology. There shoul be a retrospective look at the successful water resources management stories in history an lessons shoul be learne from them. Develop Responsibilities at Lowest Appropriate Level For an effective IWRM it is necessary to evelop responsibilities at the lowest appropriate level. The Bonn Recommenation for Action urges that ecision making; the implementation of projects an the operation of services shoul be ecentralize to the lowest level. Local government, community-base organizations an private service proviers shoul be responsible for the management an operation of water services (ICFW, 2001c). The EU WFD provies an appropriate institutional role by anchoring coorination at the highest apex level an creating co-orinating boies at the river basin level, but it is weak in the allocation of responsibilities for water services to the lowest appropriate level. Conclusions The outcomes of three major international conferences regaring IWRM an the Johannesburg Worl Summit were compare with the EU Water Framework Directive. Some notable mismatches were foun between the principles of IWRM an the Directive. In the International Conference on Water an Environment (Dublin, 1992), the Secon Worl Water Forum (Hague, 2000), International Conference on Freshwater (Bonn, 2001) an the Worl Summit on Sustainable Development (Johannesburg, 2002), several EU countries playe a leaing role. EU countries also follow the outcome of these conferences when they onate ai for evelopment in eveloping countries. However, when the principles of IWRM an the EU WFD are compare, several mismatches are foun in the EU WFD (Figure 1). They can be groupe uner seven issues: 1. Gener awareness is omitte. There is no guieline for the role of women in the provision, management an safeguaring of water. 2. There is no guieline to encourage an regulate the private sector. 3. There is no guieline to ensure co-orination between ifferent sectors. The important role that water plays in economic evelopment is not properly unerstoo in the Directive. 4. The EU WFD oes not set out clear guielines for the active participation of local people an water users in the management of water. 5. There is no focus on poverty. 6. The EU WFD promotes technology-oriente management for rinking water an sanitation an ensuring goo quality of water. However, better management woul call for the integration of technology-oriente management with human-oriente management. 7. There is no stanar guieline to evelop responsibilities at the lowest appropriate level. Consequently, the question arises whether the outcome of ifferent international events regaring IWRM are not effective an ef cient enough to suf ciently in uence EU policies for better water management or whether there is a requirement for ifferent principles of IWRM for eveloping countries an

10 574 M. Mizanur et al. Figure 1. The internationally agree water management principles an the EU Water Framework Directive focus on ifferent issues. Does the EU require othersðmainly eveloping an transition countriesðto follow ifferent principles than it requires from its member countries? evelope countries? Finally, why oes the EU aopt ifferent principles in its own water policies from those it promotes in global forumsðshoul it follow the former or the latter when aiing eveloping countries? Acknowlegements This stuy was fune by the Acaemy of Finlan, within the project The comments by Marko Keskinen an Pertti Vakkilainen are greatly appreciate. References EC (2000) Water Quality in EU: Introuction to the new EU Water Framework Directive. Available at EU (2000) Directive 2000/60/EC of the European Parliament an of the Council of 23 October 2000 establishing a framework for community action in the el of water policy, Of cial Journal of European Communities, (L 327), pp. 1±72. GWP (2000) IWRM at a Glance: Technical Avisory Committee (Stockholm: Global Water Partnership Secretariat). GWP (2003) IWRM Toolbox: A Toolbox to Support IWRM (Stockholm: Global Water Partnership Secretariat). Available at ICFW (2001a) Conference outcomes: the Bonn Keys. Paper presente at the International Conference on Freshwater, Bonn, 3±7 December. Available at ICFW (2001b) Conference outcomes: report on gener plenary session. Paper presente at the International Conference on Freshwater, Bonn, 3-7 December. Available at ICFW (2001c) Conference outcomes: Bonn recommenations for action. Paper presente at the International Conference on Freshwater, Bonn, 3-7 December. Available at ICWE (1992) Dublin statement. Presente at the International Conference on Water an Environment, Dublin, 29±31 December. Available at wateray2000/ublin.htm Shen, D. & Varis, O. (2000) Worl water vision: balancing thoughts after The Hague, Ambio, 34(8), pp. 523±525.

11 Mismatches between the EU WFD an IWRM 575 SWWF (2000) Ministerial eclaration of The Hague on water security in the 21st century. Paper presente at the Secon Worl Water Forum & Ministerial Conference, Hague, 17±22 March. Available at WSSD (2002) Report of the Worl Summit on Sustainable Development. A/Conf. 199/20. Available at WWC (2000) Final Report. Secon Worl Water Forum & Ministerial Conference. Vision to Action (Marseilles: Worl Water Council). Available at

12