CELEX: 51989PC0028
Language: en
Date: 1989-03-10
Title: Proposal for a COUNCIL DECISION concluding the Convention on Cooperation on the Management of Water Resources in the Danube Basin (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (89) 28
Vol. 1989/0011
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                      COM(89) 28 final
                                      Brussels , 10 March 1989
                              Proposai for a
                             COUNCIL DECISION
      concluding the Convention on Cooperation on the Management of
                   Water Resources in the Danube Basin
                      (presented by the Commission )
 ---pagebreak---                               EXPLANATORY MEMORANDUM
  Subject : Ratification by the Community of the Convention on cooperation on
             the management of water resources in the Danube-Basin
1 . The Convention referred to above was signed in Regensburg on 1 December
     1987 after many years of negotiations .     The Commission was involved in
     the negotiations since early 1978,      after being notified of the Draft
     Convention in its original ,      bilateral form .     After it had been
     authorized to participate by the Council 1 on 8 August 1980, the
     Commission took part in the negotiations leading to the drawing up of
     the Convention .
2.   This Convention is a unique one since it is essentially a bilateral
     Convention with three contracting Parties , i.e. the Federal Republic of
     Germany and the European Community on one side ,       and the Republic of
     Austria on the other side .
     Ratification by all three Parties is required under article 12 of the
     Convention . Because of the close cooperation between the Community and
     the Federal Republic of Germany it is proposed that the instruments of
     ratification of the Community and the Federal Republic should be
     deposited simultaneously .
3.   The main reason for the Community being a Contracting Party in this
     essentially bilateral Convention is because 15 Community Directives
     currently apply to the Danube and its tributaries where they run through
     the territory of the Federal Republic of Germany .    These Directives are
     annexed to the Final Protocol to the Convention .     Whenever changes are
     made to the legislation of the Community which affects the Convention in
     question , the Republic of Austria will be notified of those changes . To
     that end a procedure has been agreed upon , which is contained in the
     Final Protocol to this Convention .
4.   This Convention concerns exclusively the management of water resources
   • in the Danube Basin . Questions of fisheries and shipping are explicitly
     excluded from the Convention ( see Article 1 , §3 ).       Therefore it is
     proposed that Art . 130 S is the correct legal basis for this decision by
     the Council .
5 . In conclusion, the Member States are requested to adopt the draft
     Decision in the annex, in order to permit the Community to assume its
     full role as a party to the Convention .
    Doc . 9078/80 ( ENV 148)
 ---pagebreak---                                      Proposai for a
                                    COUNCIL DECISION
           concluding the Convention on Cooperation on the Management of
                          Water Resources in the Danube Basin
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community ,
 and in particular Article 130 S thereof ,
 Having regard to the proposal from the Commission,
 Having regard to the opinion of the European Parliament
                                          2        __ J. ' 3
Having regard to the resolution             and annex        of the Council of the
 European Communities and of the representatives of the Governments of the
Member States meeting within the Council of the 19 October 1987 on the
continuation and implementation of a European Community policy and action
programme on the environment ( 1987-1992 );
Whereas the Fourth Action Programme , in continuation of the earlier Action
Programmes ,     lists amongst its main areas of activity , monitoring and
control with a view to improving water quality and reducing pollution ;
Whereas the Fourth Action Programme calls for active participation by the
Community and its Member States in international action for the protection
of the environment , and attaches , in this framework , particular importance
to bilateral liaisons with third Countries ;
Whereas the Convention on cooperation on the management of water resources
in the Danube Basin     , signed in Regensburg on 1 December 1987 , provides in
particular the establishment of a Standing Committee on Management of Water
Resources , which will formulate recommendations to the Contracting Parties
on measures to be taken in order , inter alia , to improve the quality of the
Water Resources in the Danube Basin , as far as covered by this Convention ;
Whereas   15   Directives   listed in   the  annex to the      Final Protocol to the
Convention in question apply to the Danube Basin ;
Whereas it appears necessary for the Community to conclude this Convention
in order to attain one of the objectives of the Community as regards the
preservation , protection and improvement of the quality of the environment ,
as provided for in the Singe European Act .
Whereas the Convention has on the 1st December 1987 been signed on behalf
of the Community ;
   not yet pronounced
   O.J. no C 328 of 7.12.1987 , p. 1
   O.J.   no C328 of 7.12.1987 ,       p.    5  ( EEC   FOURTH  ENVIRONMENTAL ACTION
   PROGRAMME )
4
   not yet published
 ---pagebreak--- HAli DL: CIDED AS FüLLOWS ,
                                  Article 1
The Convention on cooperation on management of water resources in the
Danube Basin is hereby concluded on behalf of the European Economic
Community .
The text of the Convention is annexed to this decision .
                                  Article 2
The President of the Council of the European Communities shall ,   on behalf
of the European Economic Community, deposit the instrument of conclusion
provided for in Article 12 of the Convention .       Since both the European
Economic Community and the Federal Republic of Germany are parties to this
Convention , their respective authorities will coordinate their schedules so
that the instruments of conclusion of both parties are deposited
simultaneously .
                                         Done at Brussels ,-
 ---pagebreak---                              D R A F T
Agreement between the Republic of Austria on the one hand and the
Federal Republic^Qf Germany and the European Economic Community on
the other on cooperation on management of water resources in the
Danube Basin .
The Contracting Parties
desirous of increasing cooperation on management of water resources ,
in particular the protection of tb$ aquatic environment and the
regulation of discharges ,
anxious to take adequate account of mutual interests concerning the
management of water resources ,
concerned to improve as far as possible the quality of the waters in
the Danube Basin forming a common frontier betwd'&p the Republic of
Austria and the Federal Republic of Germany ,
have agreed as follows :
   I
 ---pagebreak---                                Artide 1
  ( 1 ) The Contracting Parties shall cooperate on water management / in
 particular ^n carrying out water management tasks and implementing
  the water laws in t,hc Austrian and German Danube Basin .
  ( 2 ) Suph cooperation shall take the form in particular of
 a ) exchaiage of expérience .
 b ) exchange /pf information on water management regulations and
        measures ,
  c ) exchange of experts ,
  d ) exchange of publications , regulations and guidelines ,
• e ) participation in scientific and specialist meetings ,
  f ) consideration of projects on the territory of the Republic of
        Austria or the Federal 'Republic of Germany which might substantially
        affect the proper management of water resources on the territory
        of the other Contracting Party ,
   g ) consultations in the Standing /Commi ttee on Management of Water
        Resources . .~    -.
   ( 5 ) The Agreement shall not apply to questions concerning fisheries
   and shipping ; the treatment of questions Concerning the protection
   of the aquatic environment against pollutilfe shalL not , however ,
  be thereby excluded .                            «.
 ---pagebreak---                                      3
                                 Article 2
( 1 ) The Contracting Parties shall notify each other in good tine of
major projects on the territory of the Republic of Austria or the
Federal Republic of Germany , where such projects might substantially
affect the proper management of water resources on the territory
of t'fi^ other Contracting Party .
( 2 ) The maintenance and achievement of proper management of water
resources within the meaning of this Agreement shall cover projects
re l at i ng to 1
                    A
a)         protection of the aquatic environment including the ground -
           water , in particular the prevention of pollution , and the
           discharge of waste water and heat ,
b)         the mai nt enance-'pnd extension of watercourses which might
                        I
           lead to a change m the river flow , in particular the
           regulation and flow / and damming control of watercourses ,
           defence against high water and ice and interference with
           the water flow through installations in or on watercourses ,
c)         the utilization of the aquecic environment including the
           groundwaters , in particular rtje use of water power and the
           diversion and abstraction of Wajer ,
d)         hydrography .
 ( 3 ) Notification pursuant to paragraph 1 shalfl be made directly
between the relevant authorities and department's in so far as the
effects remain restricted to their area of competence , or through
the Standing Committee ( Article 7 ).
 ( 4 ) The Contracting Parties shall inform each other oif&he bodies
                                                                       »■
                                                               ~mA -, '*
 responsible for notifying the Standing Committee and of th,e
 %
 relevant authorities and departments .
 ---pagebreak---                                                                  - A -
                                                            Article 3
 ( 1 ) The Contracting Parties shall take the necessary measures within
their respective legal systems to ensure that projects on stretches
i i/l w.i I >■ l I > ' l Hi 1 1 | I 1 1 1 - I i 1 1 | 1 1 i i ■ | -.1 1 .i I I I H • I 1 1 .i vi - .i . i il . il 1 1 i .i I .!• i M-
effe'”' on the condition of water resources on the territory of the
Repub'L-ic of Austria or the Federal Republic of Germany . They shall
hold consultations with the aim of reaching mutual agreement , in
 so far as one party invokes these effects within a period of three
months f rom ynot i f i c at i on by adducing serious grounds .
 ( 2 ) In the case^of projects on all other waters which might have
 a substantial advise effect on the condition of water resources
 on the territory of the other State , the Contracting Parties
 shall at the request tyf, the party concerned discuss the possi ¬
 bilities of preventing Vjjch effects before the projects are
  carried out .
                                     I
                                                                                                                                      »
     I
 ---pagebreak---                                           5
                                      Article 4
  ( 1 ) In the case of projects on stretches of water forming the frontier
',which are carried out on the territories of the Republic of Austria
 and the Federal Republic of Germany , the authorities competent in
 each case shall decide on that part of the work to be carried out on
 t he i r^st er r i t or y ; in this connection they shall coordinate the timing
 of the pecessary procedures and the substance of the decisions to
 be adopt e,d .
 ( 2 ) In the cdsfi of projects on stretches of water forming the frontier
 which are to be.carried out on the territory of only the Republic of
 Austria or the re4?'"'l Republic of Germany , but which could have an
 adverse effect on iiy rights and interests of the other State , for
 example with regard to the water system and condition of the water ,
 the competent authoritre's of the other State shall be given the
 opportunity in good time £o submit their opinion , in particular on
 the substance and on the corfditions and obligations laid down in
 the public interest .
  ( 3 ) Where a matter within paragraph 1 or 2 is communicated by one of
 the Contracting Parties to the Standing Committee ( Article 7 ), the
 competent authorities may not take the^-r decision until the matter
 has been dealt with by the Standing Ccmnvi't tee , unless a delay would
  lead to a dangerous situation .
                                      Article 5
 The competent authorities shall carry out control measurements of
 the quality of the waters , jointly where this is expedfcnt , in areas
 where the waters form or cross the frontier between the ^public of
 Austria and the Federal Republic of Germany .
     %
 ---pagebreak---                                    6
                               Article 6
 The competent authorities shall coordinate their alarm , intervention
’•>nd notification plans for averting dangers from high water and ice ,
 fop measures following accidents with harmful substances and in the
ever>t of critical conditions of the aquatic environment and shall ,
where' .necessary , draw up harmonized guidelines .
                               Article 7
 ( 1 ) A Standing- Committee on Management of Water Resources shall be
set up . Its dutypshall be to contribute to the solution of questions
arising from the application of this Agreement through joint con¬
sultations . For t h i fe.’ purpose it may address to the Contracting
 Parties recorr.mendat i ons . drawn up by agreement .
 ( 2 ) The composition , procedures and specific powers of the Standing
 Committee shall be governed «tj,y the Statute in Annex 1 , which is an
 integral part of this Agreement .
  ( 3 ) Recommendations pursuant to clause 3 of paragraph 1 may relate
  in particular to
 a)           minimum requirements in respe<£t of discharges to the
              aquatic environment ,
 b)           measures to improve a critical condition of the aquatic
              environment which is due to influences from the territory
              of the Republic of Austria or the Federal Republic of
              Germany , in so far as these influences exiend to the
              territory of the other State ,
  c)          other appropriate measures to protect the aqdfctic en­
              vironment , including water quality objectives ,
  d)          analyses and methods to establish the type and exv../nt
              of pollution of the aquatic environment and the evacuation
              of the analysis results .                               c
                                                                         40
 ---pagebreak---                                     7
                                Article 8
T'f' i c Agreement shall apply on the territories in which the Treaty
ebt-ebl i sh ing the European Economic Community is applied, and subject
to tn^ provisions of that Treaty , on the one hand and on the other
on the territory of the Republic of Austria .
 >
                                                                         A\
 ---pagebreak---  ( 1 ) Disputes between the Republic of Austria on the one hand anc! the
Federal Republic of Germany and / or the European Economic Community on
t/ie other concerning the i nt erpret at i on or application of this Agree ¬
ment shall be settled by diplomatic means .
( 2 ) Wne-re a dispute cannot be settled in this way , it shall be submitted
to an uiuitral tribunal at the request of either of the Contracting
Parties .
( 3 ) The arbitral tribunal shall be formed for each individual case ,
when each Contending Party shall appoint a member . The Republic of
Austria shall appu+nt two members in the event that both the Federal
Republic of Germany and the European Economic Community are in dispute
with the Republic of Adstria . The members shall agree on a national
of another State not pai vV to the dispute as Chairman , who is to be
appointed by the Contending,-Part i es . The members shall be appointed
within two months and the Chairman within three months of the date
on which one of the Contending rP.= rt i es notifies the other that it
intends to submit the dispute to 'arp arbitral tribunal .
( 4 ) If the time limits referred to i rv'oaragraph 3 are not observed ,
either Contending Party may , in the absence of any other agreement ,
request the President of the European Cou'p-t of Human Rights to make
the necessary appointments . If the Pres i dentbvi s a national of
either of the Contending Parties or if he is prevented from acting
on any other grounds , the Vice-President shall hiajte the appointments .
If the Vice-President is also a national of eitheMof the Contending
Parties or is prevented from acting , the next most senior member of
the Court who is not a national of either of the ContFpding Parties
and' is not prevented from acting on any other grounds sh^U.1 make
\ he appointments .                    ,                         >.
 ---pagebreak---                                        9
 ( 5 ) The arbitral tribunal shall decide by a majority of its members'
votes on the basis of the agreement existing between the Contracting
Parties and the rules of international law . Its decisions shall be
finding . Each Contending Party shall bear the costs of the arbitrator
appointed by' it and of its representation in the proceedings before
the 'a'rbi t ral tribunal ; the costs of the Chairman and other costs
shall ue shared equally by the Contending Parties . For other matters ,
the arbitral tribunal shall establish its own rules of procedure .
                                Art i c le 10
( 1 ) This Agreemeht/ .shall not affect existing conventions and agreements .
( 2 ) The Standing Committee shall examine immediately to what extent
conventions and agreement under paragraph 1 should be amended ,
supplemented or cancel led .-K> view of their content or on other grounds ;
it shall draw up recommendat jons for their modification or cancellation
and for the conclusion of new inventions or agreements .
( 3 ) The Final Protocol in Annex 2           an integral part of this Agreement .
                               Article 11
This Agreement shall also apply to the Land^Berlin , insofar as the
Government of the Federal Republic of Germany ^Jpes not make any
contrary declaration to the Austrian Federal Government within a
period of three months following the entry into tw^ce of the Agreement .
                               Article 12
                                                               *               V
                                                                              •»
 CD This Agreement must be ratified by the Republic of Austria , the
    I
Federal Republic of Germany and the European Economic Commum-i^y ;
the documents shall be exchanged as soon as possible in .
                                                                                   43
 ---pagebreak--- /
 /
                                      10 -
     ( 2 ) This Agreement shall enter into force on the first day of the third
   month following the month in which the documents are exchanged .
    ( 3 ) After a period of five years from the date of entry into force ,
   the Republic of Austria , the Federal Republic of Germany or the
   European Economic Community may at any time terminate the agreement
   through diplomatic channels by giving written notice of six months
   to the end of the year .
   ( 4 ) Termination of the Agreement by one Contracting Party shall mean
   that the Agreement ceases to be valid .
   Done on      . . . . - at                  . 1986
    in three originals in perman language .
                                                  Si
        1
                                                                       \
 ---pagebreak---                                                                Annex
–-                                -    11 -    •
                            S T A T U T E
of the Standing Committee on Management of Water Resources
                      ( Standing Committee )
                               Art i c le 1
The delegation of the Republic of Austria in the Standing Committee
shall consist of six members ; the delegation of the Federal Republic
of Germany and the European Economic Community shall consist of nine
members . The Republic of Austria on the one hand and the Federal
Republic of Germany and the European Economic Community on the
other shall appoint'^ member of their respective delegations to
be its head . At the same time they shall appoint the representatives
of the members of the delegation . Each delegation shall have one vote .
                               iTç-t i c l e 2
( 1 ) The Standing Committee shall meet at least once a year , and also
when necessary or in urgent cases w<i.hin two months of the request
of one of the heads of delegation .
( 2 ) Unless there is an agreement to the cObtrary , the Standing
Committee shall meet alternately on the territories of the Republic
of Austria and the Federal Republic of Germany
( 3 ) A meeting shall be convened by the head of del^-qation of the
                                                                                »
Contracting Party on whose territory the meeting is *9 take place ,
in agreement with the other head of delegation .
                                                                      t •
                                                                          «•
                                                                             15
 ---pagebreak---                        “ ‘( r • Ar : A r * Ar t i c l c 3
 ( 1 ) Each delegation shall be emit led to call on experts .
ftZ'i The Standing Committee may call on the services of experts in
carrying out specific tasks .
                                           Article 4
 ( 1 ) Each delegation shall bear its own costs and those of its experts .
 ( 2 ) Where exper.1 * are employed on behalf of the Standing Committee ,
the Republic of •fojstria on the one hand and the Federal Republic of
Germany and the European Economic Community on the other shall each
bear half the costs .
                                                                  .
                                                          .V
                                       • Article 5
                                                                       ' ·  c*
 The Standing Committee shall draw up its own rules of procedure .
                                           Arti c le,6
 Where necessary , the Standing Committee may set up sub-committees for
  specific stretches of water or parts thereof and for spec i f i c subjects .
  Such sub-committees shall be made up on the/basis of parity . The
  sub-committees shall report to the Standing Ct>fnmittee on their activities .
                                           Article 7.
  The working language of the Standing Committee shall        German .
                                                              iO '<>'
                                                                          (O 10^6
 ---pagebreak---                                                DRAFT                              Annex 2
                                         Final  Protocol
      ( 1 ) Art i c l e ■ 1 0 ( 1 ) of the Agreement on cooperation on management of water
      resc^irces in the Danube Basin relates in particular to
            - th1 " Convention between the State Government of Bavaria and the
               Au's^fian Federal Government on discharges from the Risbach ,
               burrach and Walchen areas- of 16 October 1950 ,
            - The At), cement between the .Federal Government • of the Republic of
               Austria and- the State Government of the Free State of Bavaria
               on the Oster-feichi sch-Bayeri sche Kraftwerk Akt iengesel Ischaf t
               of 16 October 'WSO ,
            - the Agreement between the Governments of the Federal Republic
               of Germany , the Free>.State of Bavaria and the Republic of
               Austria on the Donauki-a.f twerk Jochenstein Akt i enge se 1 1 schaf t
               of 13 February 1952 ,
            - the Agreement between the HMeral Government of the Republic of
               Austria and the Government of/jthe Free State of Bavaria on the
               use of the Saalach for water po^rr of 14 August 1959 and
             - the exchange of notes concerning the piping of water from the
               Lech into the Main area of 26 J anua ryj 1 923 , the reapplication
               of which was confirmed with effect frorfi/ 1 May 1952 by the
               notification of 23 January 1953 .
( 2 ) By a verbal note of 1 February 1971 the Embassy of’-'the Federal Republic
      of Germany in Vienna communicated to the Austrian Federal Government
       the study of the supreme building authority in the Bavovian State
      Ministry of the Interior concerning the piping of Al tmuh L^and
      >
       Danube water into the Regni tz-M.ain area , which is in accoro-agce
       with the exchange of notes of 1923 . There is an agreement th erf-.
       Article 3 ( 2 ) of the Agreement on cooperation on management of
       water resources in the Danube Basin shall apply to amendments to
                                    i
        the project described in this study which might have a substantial
        adverse effect on Austrian territory .
 ---pagebreak---                                         - 1A
                                     D R A F T
   Declaration by the Federal Republic of Germany and the European
/.
   Economic Cpmmunty on the Agreement on cooperation on management
   o-f' water resources in the Danube Basin betueen the Federal Republic
   of Germany and the European Economic Community on the one hand and
   the Republic of Austria on the other .
   The present areas of competence of the European Economic Community
                 t
   within the s£ope of the Agreement are specified in the Legal
   instruments of^the European Economic Community listed in the Annex
   to this Dec larat'i^ ' . Any changes in these areas of competence shall
   be communicated tcf^the Republic of Austria in writing through diplo ¬
   matic channels by the . Federal Republic of Germany and the European
   Economi c  Communi tyljoirytly
              Communi ty / join^tly.  ]
                                                                           i
                                                            ,1
                                                             .4 .
 ---pagebreak---                                                       ANNEX
           Measures taken by the Council of the European Communities
                             regarding water management .
1 . Council Directive 75 / 440 of 16 June 1975 concerning the quality
     required of surface water intended for the abstraction of drinking
     water in the Member States . ( OJ L194, 25.7.75 , p. 26)
2 .* Council Directive 76/ 160 of 8 December 1975 concerning the quality of
     bathing water . ( OJ L 31 , 5.2.1976, p. 1 )
3 . Council Directive 76 / 464 of 4 May 1976 on pollution caused by certain
     dangerous substances discharged into the aquatic environment of the
     Community . ( OJ L129, 18.5.1976, p. 23)
4 . Council Decision 77/ 795 of 12 December 1977 establishing a common
     procedure for the exchange of information on the quality of surface
     fresh water in the Community . ( OJ L 334, 24.12.77, p. 29)
5 . Council Directive 78 / 176 of 20 February 1978 on waste from the
     titanium dioxide industry . ( OJ L 54, 25.2.1978, p.19)
6 . Council Directive 78 / 659 of 18 July 1978 on the quality of fresh
     waters needing protection or improvement in order to support fish
     life . ( OJ L 222 , 14.8.1978, p. 1 )
7 . Council Directive 79/ 869 of 9 October 1979 concerning the methods of
     measurement and frequencies of sampling and analysis of surface wates
     intended for the abstraction of drinking water in the Member States .
     ( OJ L 271 , 29.10.1979, p. 44 )
8 . Council Directive 80 / 68 of 17 December 1979 on the protection of
     groundwater against pollution caused by certain dangerous substances .
     ( 0J L 20, 26.1.80, p. 43 )
9 . Council Directive 80/ 778 of 15 July 1980 relating to the quality of
     water intended for human consumption . ( 0J L 229, 30.8.80, p.11 )
10 . Council Directive 82 / 176 of 22 March 1982 on limit values and quality
       objectives for mercury discharges by the chlor-alkali electrolysis
       industry . ( OJ L 81 , 27.3.82, p.29)
11 . Council Directive 82 / 883 of 3 December 1982 on procedures for the
       surveillance and monitoring of environments concerned by waste from
       the titanium dioxide industry . ( 0J L 378, 31.12.82, p.1 )
12 . Council Directive 83 / 513 of 26 September 1983 on limit values and
       quality objectives for cadmium discharges . ( 0J L 291 , 24.10.83, p.1 )
                                                                                JOj
 ---pagebreak--- 13 . Council Directive 84/ 156 of 8 March 1984 on limit values and quality
     objectives for mercury discharges by sectors other than the
     chlor-alkali electrolysis industry . ( OJ L 74, 17.3.84, p. 49)
14 . Council Directive 84 / 491 of 9 October 1984 on limit values and
     quality objectives for discharges of hexachlorocyclohexane .
     ( OJ L 274, 17.10.1984 , p.11 >
15 . Council Directive 86 / 280 of 12 June 1986 on limit values and quality
     objectives for discharges of certain dangerous substances included in
     list I of the annex to Directive 76/ 464/ EEC . ( OJ L 181 , 4.7.1986,
     p.16 )