December 2006
DRAFT
Strengthening of Inter-Ministerial
Coordination Mechanisms for Water
Management in the Danube River Basin
and the Black Sea Countries
Current Inter-Ministerial Coordination
Mechanisms
Report
AUTHORS
PREPARED BY: ELEONÓRA BARTKOVÁ, MARTINA VAGACOVÁ
CHECKED BY: THOMAS H. OWEN
EKOPEN Ltd. & milieu Ltd
EKOPEN s.r.o. Bratislava, Leskova 8
811 04 Bratislava, Slovakia
milieu Ltd. 29, rue des Pierres
1000 Brussels, Belgium
EKOPEN Ltd. & milieu Ltd.
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 3
TABLE OF CONTENTS
TABLE OF CONTENTS.......................................................................................................3
ABBREVIATIONS..............................................................................................................4
1. Introduction ..................................................................................5
2. Country specific development of inter-ministerial mechanisms .....7
2.1.
Bosnia i Herzegovina .......................................................................................7
2.2.
Bulgaria ....................................................................................................... 10
2.3.
Croatia ........................................................................................................ 12
2.4.
Czech Republic.............................................................................................. 13
2.5.
Georgia........................................................................................................ 14
2.6.
Hungary....................................................................................................... 16
2.7.
Moldova ....................................................................................................... 17
2.8.
Romania ...................................................................................................... 20
2.9.
The Russian Federation .................................................................................. 23
2.10.
The Republic of Serbia ................................................................................... 25
2.11.
Slovakia....................................................................................................... 27
2.12.
Turkey ......................................................................................................... 29
2.13.
Ukraine........................................................................................................ 31
3. Demand Indicators Analysis for strengthening of IMCM .............. 34
3.2.
Country involvement process .......................................................................... 35
3.3.
Activity Proposal for strengthening IMCM .......................................................... 36
4. Information Compendium............................................................ 39
4.1.
IMCM theoretical background .......................................................................... 39
4.1.1. Policy........................................................................................................... 40
4.1.2. Legal
framework ......................................................................................... 41
4.2.
IMCM best practices....................................................................................... 47
4.2.1.
The basic considerations.............................................................................. 47
4.2.2.
Best practices examples in the Danube and Black Sea Regions ................. 48
5. Concluding Comments ................................................................. 50
6. References................................................................................... 51
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 4
ABBREVIATIONS
BSC
the Black Sea Commission
BSERP
Black Sea Ecosystem Recovery Project
CP
Contracting Parties of the Danube River Protection
Convention
DRB
Danube River Basin
DRP
Danube Regional Project
DRPC
the Danube River Protection Convention
EC European
Commission
EU European
Union
GEF
Global Environmental Facility
ICPDR
International Commission for the Protection of the Danube
River
ICZM
Integrated Coastal Zones Management
IMCM
Inter-Ministerial Coordination Mechanisms
HoD
Head of Delegation
MS
Member States
ToR
Terms of Reference
UNDP
United Nations Development Programme
WFD
Water Framework Directive
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 5
1. INTRODUCTION
This Report on Current Inter-Ministerial Coordination Mechanisms of the UNDP GEF project
"Strengthening Inter-Ministerial Coordination Mechanisms for Water Management in the Danube
River Basin and the Back Sea Countries" (Inter-ministerial Project - IMCM) has been developed
on the basis of the Inception Report and refined work plan.
The IMCM project is in response to a recommendation of the Stocktaking Meeting of the GEF
Strategic Partnership (November 2004, Bucharest, Romania) as well as the Mid-Term Evaluation
of the BSERP "to help the Black Sea Commission and Black Sea Countries meet their
commitments under the Bucharest Convention and Odessa Declaration".
This project is also referred to in Objective 2 of the DRP: "Capacity building and reinforcement
of transboundary cooperation for the improvement of water quality and environmental
standards in the Danube River Basin" aimed at improvement and strengthening of the existing
the International Commission for the Protection of the Danube River (ICPDR) and the Black Sea
Commission (BSC) tools and structures. On a national level the project contributes to
strengthening of national mechanisms for coordination and implementation nutrient reduction
and pollution control measures.
This Project builds on the Phase 1 results and findings of the DRP component 2.1 which was
focused on an analysis of existing Inter-ministerial structures and mechanisms and activities,
competence and capacities for selected ICPDR countries.
Focus of the Project
The nature of water management with its myriad of potential uses and users raises complex
management issues. Traditionally countries have divided responsibilities for water management
often based on a division of quality issues and those related to quantity. Quality issues are often
assigned to ministries of environment and quantity issues to more economic oriented ministries
such as agriculture or natural resources. However, global acceptance of the sustainable
development principle means that the management of water must involve a broader number of
variables in a more integrated manner than was previously the case. This is generally
accomplished by implementing the principle of sustainable development as a common principle
through the policies and programmes of all ministries involved in water management. The
ICPDR and the Black Sea Commission each have very broad mandates with respect to water
management crossing ministerial lines in the member countries. The GEF projects support these
broad objectives with specific projects. Therefore the Black Sea Ecosystem Recovery Project
(BSERP) and Danube Regional Project (DRP) have both directly and indirectly influenced the
growth and development of inter-ministerial coordination mechanism in individual countries.
This project documents the influence of the projects in the implementation of inter-ministerial
mechanisms and provides support for the further development of these mechanisms in selected
countries.
Scope of the Report
This Current IMCM is required by the Terms of Reference. The intent is to provide current
information on all countries by updating the Phase 1 Report and providing current information
for countries not included in Phase 1. In addition, in this report there is an overview of the
broader information compendium which will be used, along with the best practices from the
countries in then region, as the basis for the capacity building and other activities in the project.
The Demand Indicator Analysis provides information with respect to the initial country specific
reaction to participation in the project.
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 6
Based upon the initial discussion of consultants and ICPDR and BS country representatives the
Current Inter-ministerial Mechanisms Report contains:
- Country specific development of IMCM;
- Demand Indicators Analysis for strengthening of IMCM that include the country involvement
process development and the Activity Proposal;
- Information Compendium that discuss the IMCM theoretical background and best practices
to provide countries with overview of functioning models and ideas concerning the
establishment and implementation such mechanisms;
- Concluding comment to summarize the current project period development and underline
the progresses that predicate the future direction for project implementation.
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 7
2. COUNTRY SPECIFIC DEVELOPMENT OF INTER-
MINISTERIAL MECHANISMS
This chapter introduce an overview of the situation in the target countries with respect to inter-
ministerial coordination mechanisms in water management. The primary focus was put on the Black
Sea countries and Serbia which were not included in the Phase 1 analysis so it was necessary to collect
the information and develop the material. The rest of the countries (ICPDR) are described on the
based upon an update of the findings of Phase 1 as well as the knowledge and analysis of the
project consultants.
2.1. Bosnia i Herzegovina
General Coordinating Mechanisms
The situation in Bosnia i Herzegovina (BA) is organizationally complex since there are two
independent Entity Governments and one central level Inter-Entity Administration.
There are two institutions responsible for inter- entity coordination in the field of environment and
water management, namely: The Inter-entity Steering Committee for the Environment and The Inter-
entity Advisory Commission for the Coordination of Water Management. These two institutions were
established by the Inter-entity Memorandum of Understanding. Both bodies are formed on an equal
basis and are under the direct control of their respective governments. The BA institutions do not have
any responsibility for or influence on their work.
The Inter-entity Steering Committee for the Environment was established in 1998 specifically to
deal with environmental issues delegated to it by the entities. The Committee consists of eight
members. Secretariat services are provided by the local office of the Regional Environmental Centre
(REC).
The Inter-entity Advisory Commission for the Coordination of Water Management is
responsible for cooperation on all water management issues among the relevant ministries of both
entities. Its goal is to prevent potential disputes in water management. The Commission includes both
government officials and private citizens from the two entities, as well as representatives from the
donor community and the Office of the High Representative.
By decision of the Council of Ministers of 16 May 2002, the National Steering Committee for
Environment and Sustainable Development was established at the State level. It has members,
including non-governmental organizations, scientists, universities and other stakeholders, in addition to
representatives from the two entities and the Brcko District. Its secretariat is located in the Ministry of
Foreign Trade and Economic Relations. Its work is largely carried out through eight subcommittees on:
the protection of the ozone layer, climate change, long-range transboundary air pollution, persistent
organic pollutants, biodiversity, land degradation, transboundary waters and transboundary
movements of hazardous waste. Its main purpose is to facilitate work on projects and international
agreements.
In the Federation of Bosnia i Herzegovina (FBiH) the Ministry of Agriculture, Water
Management and Forestry is responsible for all water related issues and assures inter-entity
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 8
coordination. It has specific responsibility for Federal water strategy and policy, the issuing of
agreements and permits, setting standards and regulations; and the maintenance of compliance with
laws and regulations through licensing and inspections.
In the Republic of Srpska (RP) the Ministry of Agriculture, Water Management and Forestry RS has
similar functions and responsibilities.
No inter-ministerial coordinating mechanism exists on State either Entity levels.
Specific coordinating mechanisms
No specific coordinating mechanisms exist for the implementation of the EU WFD. The
Environmental Steering Committee of BA has nominated a representative to the ICPDR (Head of
Delegation), who represents the interests of both Entities. The HoD nominates specialists from
BA to participate in all ICPDR Expert Groups and thus assure the implementation of ICPDR
guidelines for water management and pollution control, including the requirements of the EU
WFD and the preparation of River Basin Management Plans in both Entities of BiH.
Specific structures and cooperating mechanisms for water management and pollution control in
general and for the implementation of the WFD in particular have been identified neither at the
level of the two Entities nor at the level of the central Administration.
Federation of Bosnia i Herzegovina
In FBiH the Department of Water Management of the Ministry of Agriculture, Water
Management and Forestry works together with specialized Agencies, the Institute for Public
Health and the Federal Meteorological Institute on all issues related to water resource
management, pollution control, waste water treatment, flood protection, etc.
Also under the Ministry of Agriculture, Water Management and Forestry a public enterprise for
the "Watershed of the Sava River Basin" has been created to prepare strategic decisions for
river basin planning, management of water resources, flood control, etc.
At the Regional level, Cantonal Authorities are responsible for licensing and allocation of water
resources, water supply, irrigation, etc.
Republic of Srpska
In RS the Directorate for Water of the Ministry of Agriculture, Water Management and Forestry
RS works together with the Institute for Water Management (planning, consulting, research and
design) and the Water Management Companies.
Also the Ministry of Urban, Civil Engineering and Ecology RS, the Ministry of Industry and
Technology RS and the Ministry of Energy and Mining Industries RS are in charge for
environmental protection and control. However, no institutionalized mechanisms exist for the
coordination of activities.
At the regional level, under the supervision of the Ministry of Agriculture, Water Management
and Forestry RS, nine Water Companies in different locations are responsible for maintenance,
rehabilitation and construction of water supply and wastewater instillations.
Challenges for IMCM development
BA is a complex State with significant powers devoted to its Entities and no effective structure
to deal with water management at the State level. Environmental and water management
issues are not of high priority for the Government, either at the level of the two Entities or at
the central Administration.
Also at the Entity level there are weak vertical and horizontal communication channels within
and between Ministries and other Governmental bodies.
The definition of competencies and functional responsibilities, as well as the standard setting
and procedures need additional care.
The existence of effective vertical consultation and coordination mechanisms is of critical importance.
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 9
Particularly in FBiH responsibilities for water management are not clearly described and
assigned to specific units at the central or cantonal level. In RS the problems are similar but
conditions for inter-department cooperation are slightly better.
On the inter-entity level there are two committees, one for water and one for environment (1998) that
meet periodically and face a sizeable agenda without the support of a joint permanent institutionalized
secretariat.
No mechanisms are yet in place to ensure that environmental protection is consistently
integrated into the formulation of other policies.
The framework of environmental law remains incomplete. There is no national strategy for the
environment and no agency to monitor, implement or enforce policy.
Progress could be made by introducing the following:
·
Creation of a policy and coordination body at state level ,
·
Setting up a decision-making inter-ministerial body next to the Council of Ministers,
·
Reorganizing and merging environmental and water inspectorates,
·
Enacting a national comprehensive water framework law,
·
Establishment of an environment agency for providing at all levels environmental, and
·
Professional support.
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 10
2.2. Bulgaria
General Coordinating Mechanisms
Inter-ministerial coordination is carried out by the Council of Ministers, which is the highest
level of inter-ministerial coordination chaired by the Prime Minister. The Council of Ministers
deals with policy but also practical questions related to water management and pollution
control: Adoption of a national water economy plan and national programs for sustainable use of
waters, granting water concessions and permits for water use, adoption of tariffs and charges
etc.
Specific Coordinating mechanisms
The Ministry of Environment and Water (MoEW) is responsible for the implementation of
water policies and the performance of national water management tasks.
The Supreme Consultative Council on Water under the Ministry of Environment and Water is
the highest specific coordinating mechanism for water management and pollution control. Members
are representatives of 10 ministries and government agencies, academic institutions, local authorities
responsible for water supply and sewage facilities and NGO's.
The tasks relate to policy setting and planning (River Basin Management Plans), regulative matters,
protection and exploitation of resources, and compilation and management of information.
Special Working Groups and Project Steering committees are charged with the
implementation of Nitrate Directive (lead: Ministry of Agriculture and Forestry (MAF)),
Dangerous Substance Directive (lead: MoEW) and Urban wastewater treatment Directive (lead:
MoEW)
In February 2004 a Memorandum for Joint Activities and Information Exchange for Meeting the
Country's Obligation in Implementing EU Requirements in the Water Sector was signed by the
Ministers of the following ministries: MoEW, MAF, Ministry of Regional Development and Public Works,
Ministry of Energy and Energy Resources Ministry of Health
At the regional level River Basin Directorates and Basin Councils were created to assure
coordination and execution of activities related to the elaboration of River Basin Management
Plans, monitoring of water quality, issuing permits and controlling compliance with regulations
for abstraction, discharge, etc.
Under the Ministry of Environment and Water, a Coordination-Group has been created to
coordinate and supervise the implementation of the EU WFD. The Coordination Group consists
of members from the Water Directorate and the Water Protection Department (both MoEW),
from the Executive Environmental Agency, the Bulgarian Academy of Science, the National
Hydrological Institute and the Institute of Environmental Education and Management (NGO).
The task of the Group is:
·
to coordinate and support all river basin management activities,
·
to coordinate and support the work of 6 Expert Groups for the implementation of the
WFD at the central level,
·
to support the activities of River Basin Directorates at the regional level (elaboration of
River Basin Management Plans for four Basin Districts: Danube, Black Sea, Western
Aegean Sea and Eastern Aegean Sea).
At the regional level the Coordination-Group of the MoEW coordinates and supervises the work
River Basin Directorates with particular attention to the implementation of the WFD.
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 11
Challenges for IMCM development
The existing legislation can be considered as nearly complete and well defined and the administrative
structures and management tools for water management and pollution control are being put in place.
However, there are still gaps in legislation and uncertainties in defining precise guidelines for practical
application. There is a lack of appropriate bilateral legal basis for water management with neighboring
countries. There is also the need for new agreements to ensure: the application of the river basin
principle for transboundary rivers; better implementation of commitments under international
conventions; effective protection of the national interest with respect to water resources and the water
related ecosystem, including the Black Sea ecosystem; improve public involvement in the decision-
making process.
Legislation implementing the Water Framework Directive is pending final parliamentary approval.
Further strengthening of the administrative capacity is needed, in particular at the regional level and in
terms of human resources, laboratories and equipment. Cooperation and coordination between the
different institutions and administrations involved is lagging behind.
Also financial means are insufficient to assure proper staffing and functioning of new institutional
mechanism (River Basin Directorates). Full cost recovery for water services not fully introduced in
practice
Important tasks also include the solution of the lack of sufficient trained personnel at the Government
level but also in the private sector (emission standards control, self-monitoring tasks, obligations in
relation to permits, etc) There is also the need of further institutional strengthening and capacity
building in the government administration particularly with respect to joint activities with other
countries authorities in the water management area, including Joint Commissions on water
management. The same for the River basin management structures that have been fully operational
only recently and stil lack experience and sufficient administrative capacity.
Harmonization of databases of different institutions involved in monitoring water quality and quantity is
crucial for integrated management implementation.
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 12
2.3. Croatia
General Coordinating Mechanisms
The State Water Directorate is the central administrative body for water management in
Croatia. Inter-ministerial coordination in the water sector is assured at Government level
through two coordinating bodies dealing with Environment and Economy.
Under the guidance of the State Water Directorate, and in coordination with the Ministry of
Environment and Physical Planning, the Ministry of Agriculture and Forestry, the Ministry of
Health, the Ministry of Public Works, the Ministry of Economy, the Ministry of Tourism and the
Ministry of Finance, legal instruments are prepared to be enacted by Parliament and the
planning process and procedures for the implementation of the Water Act from 30 June 2000
are defined.
The National Water Council (members of Parliament), revises and provides advise on acts and
regulations dealing with water management.
Specific Coordinating mechanisms
Institutionalized inter-ministerial coordinating mechanisms for the implementation of the Water
Management Master Plan of Croatia and Catchment Area Plans are not yet designed.
Several coordinating bodies, Councils and Commissions under the lead of the Ministry of
Environment and Physical Planning deal with Sustainable Development, Environmental Impact
Assessment, Nature Protection, Physical Planning, Plant Protection (under the Ministry of
Agriculture), which have all impact on water management and pollution control.
For water use (abstraction of drinking water, definition and management of protection zones,
etc) an inter-disciplinary expert body is appointed on ad-hoc basis by competent local authority.
Members are the State Water Directorate, Country offices of the Ministry of Environment and
Physical Planning, the Ministry of Economy, the national Water Company (Hrvatske Vode),
municipalities and other stakeholders.
The EU WFD is presently implemented by the State Water Directorate in the frame of the
Danube River Protection Convention (DRPC), and in following the provisions of the Water
Management Master Plan of Croatia.
Specific structures and cooperating mechanisms for water management and pollution control in
general and for the implementation of the WFD in particular are not yet identified.
Challenges for IMCM development
Environmental and water management issues are not a high priority for the Government.
Lack of political decision-making on competencies between Government bodies (Ministry of
Environment and Physical Planning and State Water Directorate) prevents more efficient actions
in water management and pollution control.
Lack of coherent and coordinated sector strategies and measures (Agriculture, Tourism,
Economy, etc.) prevents efficient implementation of water strategies and measures.
Insufficient number of qualified staff in water management and financial constraints delay and
obstructing progress.
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 13
2.4. Czech Republic
General Coordinating Mechanisms
The Ministry of Agriculture and the Ministry of Environment are the main Governmental
structures responsible for water management and water quality control as well as for the
implementation of the EU WFD, the latter in cooperation with regional Government and River
Basin Administrators. Also the cooperation between the main Ministries is very good, which has
been proven by the EC assessment.
The Ministry of Finance is responsible for the state budget but does not play a direct role in the
process and does not seem to be involved in coordination of technical questions and/or setting
of priorities.
Specific Coordinating mechanisms
The Council for Health and Environment, established by the Czech Government in 1999, is
responsible for the implementation of the Action Plan for Health and Environment and for the
implementation of conclusions from different international conferences on health and
environment.
The council also coordinates other activities regarding health and environmental protection.
Members are deputies of the Ministers of Environment, Agriculture, Transport, Industry and
Trade, Finance, Education, Youth and Sport, Regional Development, Interior, Work and Social
Matters, Defence and the Deputy Chairman of the State Administration for Nuclear Safety.
Further, the Government of the Czech Republic established in 2003 the Council for Sustainable
Development with the goal to advise the Government on issues of sustainable development and
strategic management. Chairman of the Council is the Vice-Prime Minister; members are
representatives of Government, NGOs and different associations.
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 14
2.5. Georgia
General Coordinating Mechanisms
Coordination among the State bodies that share responsibility for regulating the use of natural
resources takes place through the mechanism for making joint decisions on licenses for the use
of natural resources.
The Ministry of Environment and Natural Resources Protection is the main coordinator of
environmental measures by ministries and agencies. It also plays a coordinating role in the
development of Georgia's Integrated Coastal Management Project by the Ministry of
Urbanization and Construction, the State Department for the Management of Protected Areas,
the Ministry of Labor, Health and Social Affairs, the Ministry of Transport and Communication
and other agencies.
Specific Coordinating mechanisms
Decisions on major facility licences and those affecting the highest priority water bodies are taken by
the Inter-agency Council for Water Use. Members of the Council are representatives of the
corresponding ministries (Environment, Health, Agriculture, Economy, Finance, and Justice), scientific-
research institutions, representatives of relevant local Governments and experts. The main work of the
Council comprises the examination of applications, projects, other law-provided documents submitted
to obtain the water use license, their assessment and the working out of corresponding
recommendations to be drawn up in the Council minutes. The Council meets regulary every three
months .The license for the use of water bodies of state significance is executed, issued and subject to
state registration, revoked and withdrawn from state registration by the Ministry of Environment. The
composition of Inter-agency Council of Autonomous Republics is established and approved by the
corresponding Autonomous Republican body of the Ministry of Environment, while the composition of
local councils by the local governmental body with the mandatory participation of the Ministry's local
representative.
The National Commission for Sustainable Development was established in 1996 by presidential
order, but it has so far failed to develop a strategy, and no practical work is being done on it. The
principal reasons appear to be a lack of common vision for the priority directions of the country's
development, weak inter-institutional cooperation, the poor representation of stakeholders, and the
unavailability of a methodological basis for the preparation of the strategy.
The National Consultative Commission for Integrated Coastal Zone Management
established by Presidential Decree No. 608 of 25 October 1998 forms a coordination framework for
ensuring the sustainable development of the Black Sea region. The Commission is co-chaired by the
Ministry of Environment and Natural Resources Protection and Ministry of Economic development and
comprises representatives of various governmental bodies and the public.
In practical terms, coordination is not well developed.
The Department for Black Sea Protection of the Ministry of Environment and Natural
Resources Protection serves as a central point for cooperation and coordination.
In addition to the Ministry of Environment and Natural Resources Protection, several other
Georgian government bodies have key roles in the water sector:
Ministry of Labour, Health and Social Affairs, which sets drinking water and recreational water
standards and oversees the quality of drinking water delivered by water utilities. The Ministry also
tracks and responds to major water-borne disease outbreaks. Budget and personnel restrictions mean
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 15
that the Ministry can now maintain only the most rudimentary oversight role, with significant questions
as to quality control.
State Department of Geology. While having some nominal role in oversight of groundwater
development, it is largely the repository of geologic and hydrologic data on aquifers used for water
supply.
State Department of Hydrometeorology. While technically responsible for monitoring surface
water quality, its current network is severely constrained. As noted above, improvements in equipment
and methodologies have been a major focus of several donors.
Ministry of Finance, among its main focus this Ministry also sets water use and emission rates
incorporated in the licenses from the Ministry of Environment and Natural Resources Protection.
Challenges for IMCM development
In general and in comparison with economic and social issues, environmental protection is not viewed
as a priority. Environmental protection enjoys formal support from politicians; however, aspects
related to the environment are often neglected during decision-making processes.
Cooperation between central governmental bodies and local agencies remains weak. The competences
assigned to these agencies are vaguely defined and overlap. Despite the fact that a structure appears
to be in place for water quality management and control, concerns over effectiveness remain.
International norms are essential y not implemented due to the lack of monitoring, testing and
oversight in the field.
Integration of environmental considerations into development and sectoral policy and planning is on
low level.
An imperfect legal-institutional framework:
·
There is no separate policy document that directly spells out Georgian policy for protecting and
managing water resources only the Law on Water does outline some of key principles that
comprise a policy framework.
·
The Law on Water does not state the river basin management principle.
·
There are no effective regulations or incentives in Georgia to launch either watershed-based
plans, or administrative bodies to share information or manage quality or quantity on a
watershed basis within the country.
·
Mechanisms and procedures for ICZM are undeveloped, clear designation of lead agency
and management body is absent and forum for intergovernmental consultation and co-
ordination still needs to be established.
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 16
2.6. Hungary
General Coordinating Mechanisms
Inter-ministerial coordination for water management and pollution control is carried out as part
of general tasks and duties of Ministries and inter-ministerial bodies. Specific mechanisms
exclusively for water management and pollution control do not exist.
There are four ministries, which deal with issues related to water management and pollution
control: in a direct way by the Ministry of Environment and Water (MOEW) and by the Ministry
of Agriculture and Rural Development (MOA) or indirectly by the Ministry of Economics and
Transport (MOET) and the Ministry of Health, Family and Social Affaires (MOH).
The overall governmental decision-making process is based on a broader participation of all
Ministries concerned about the actual issue under consideration. The compulsory co-operation is
stated in more general terms in the scope of the activities of the Ministry of Finance (MF), the
Ministry of Justice (MJ), the Ministry of Interior (MI), the Ministry of Foreign Affaires (MFA) and
the Prime Ministers Office (PMO), with special reference to most recently established State
Secretariat for EU Integration.
The National Environmental Council with representatives from the scientific community,
professional organizations and NGOs, is an advisory body to the Ministry of Environment and
Water.
Specific Coordinating mechanisms for water and environment
Under the guidance of the Ministry of Environment and Water (MOEW), two inter-ministerial
coordinating bodies are created: The inter-ministerial "Central Environment Fund
Committee" and the inter-ministerial of "Water Fund Committee". In both committees all
relevant Ministries including Finance and PMO are represented. Both committees evaluate
requests submitted for financial support to be provided through the Central Environmental Fund
(waste management, nature protection, social programs) and the Water Fund (drinking water
supply, wastewater treatment, protection of water resources, etc.) respectively.
It can be assumed that investment decisions reflect Government policies in setting priorities in
the water sector. However, it has to be noted that, with the exception of the Coordinating
Committee for the Implementation of the EU WFD and the Committee for the National Agro-
Environmental Program, institutionalized inter-ministerial coordinating mechanisms dealing
generally with policies and measures for water management and pollution control do not exist.
At the regional level, the Regional Water Management Councils have been created as a
consultative forum under the guidance of the County President with members from all relevant
decentralized Government offices, local Government and the private sector representatives
(agriculture, plant protection, nature conservation, regional development, tourism, agro-
industrial chamber, municipalities, water associations, public utility companies etc.).
Specific coordinating mechanisms
Under the Ministry of Environment and Water an Inter-ministerial Coordinating Committee
for the Implementation of the EU WFD (IMCC) has been created to assure effective
implementation of the EU WFD in line with the EU guidelines and in line with the
recommendations prepared by the ICPDR (RBM EG). All relevant Ministries like Agriculture,
Interior, Economy and Transport, Health, Finance, Justice, Foreign Affairs, the PMO and NGOs
are members of the IMCC. The technical work for implementation of the WFD is carried out by
Expert Groups.
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 17
2.7. Moldova
General Coordinating Mechanisms
In Moldova, the Ministry of Ecology and Natural Resources (MENR) is the main responsible
authority in the field of environmental protection, water management and pollution control.
By decision of the President of the Republic of Moldova, the National Council on Sustainable
Development and Poverty Reduction was established in 2004 in order to coordinate activities
related to strategic planning on socio-economic policy, oriented towards sustainable development and
improvement of the population's quality of life. This Council does not at present address environmental
issues.
Specific Coordinating mechanisms for water and environment
Besides coordination at the highest Government level no special inter-ministerial coordinating
mechanisms dealing with water management and pollution control exist.
Under the Ministry of Ecology and Natural Resources there are specialized departments or
agencies dealing with water management and pollution control:
The State Environmental Inspectorate (SEI) is the environmental enforcement agency
responsible for compliance with the country's legislation in the field of environmental protection and
use of natural resources. The Inspectorate is headed by a Chief Inspector who reports directly to the
Minister.
The SEI's jurisdiction includes the protection of air, water and soil, and ensuring the rational use of
mineral and biological resources. According to the "Statute of the State Ecological Inspectorate," the
principal responsibilities of the SEI and its territorial units include:
·
State Environmental Expertise (SEE) of new and changing economic development projects;
·
Regulation of environmental impacts by issuing permits for air emissions, water use,
wastewater discharges, waste disposal, and logging;
·
Monitoring of compliance with environmental requirements; and
·
Imposition of administrative sanctions for the violation of environmental legislation, including
termination or suspension of any economic activity undertaken in violation of environmental
requirements, claims for compensation for damage caused by environmental violations, and
fines.
The SEI has a central office with divisions covering major environmental protection sectors and
management functions and four territorial ecological agencies (TEAs)
There are other specialized institutions, which are ancil ary to the MENR, providing a supportive role in
research and information gathering and dissemination:
The State Environmental Inspection (SEI) including the Central Ecological Laboratory, is an
executing authority which helps MENR to implement the environmental policies and laws.
The Agency for Geology "AGeoM" provides control for the safeguarding of groundwater from
pollution and reduction and keeps the State balance of mineral stocks. They participate in the issuing
of permits for water abstraction.
The State Hydrometeorological Service (HMS) - has 415 staff and a meteorological observation
centre. Consequently air and water monitoring responsibilities are key functions. The biggest problem
negatively affecting their operations is a lack of the required technical base,
The National Institute of Ecology created in 1990, is in charge of carrying out scientific research on
ecology in coordination with the Academy of Sciences. Their tasks also include consultancy on
environmental impact assessment (EIA) and the development of national reports on the State of the
Environment. Furthermore they carry out expert evaluation of foreign or new technologies from an
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 18
environmental point of view on the basis of their own experience without using data from the
European Integrated Pollution Prevention and Control (IPPC) Bureau.
The Environmental Information Centre, created in 2000, is responsible for the gathering and
updating of environmental information (air, water, monitoring, information and other areas) and for
making it publicly available.
The Central Ecological Laboratory carries out the sampling and analysis of water, soil. The
technical base for their functioning is quite limited. Quality control and quality assurance systems are
not at the level of internationally recognized standards. There is a need to establish a national
reference laboratory for environment quality measurements, which should be accredited by an
international accreditation body.
The last three organizations cover functions that are overlapping and need to be co-ordinated with
each other. In many EU countries, these functions are carried out by a single institution, such as an
environmental agency.
Under the Ministry of Health, the Sanitary-Hygiene Republican Centre and Sanitary-hygienic Services
at the District level are responsible for quality control of drinking water using chemical and
bacteriological parameters.
Under the Ministry of Agriculture and Food, the State Water Management Consortium "Apele Moldovei"
is in charge of surface water monitoring.
The Ministry of Industry is responsible for industrial development and for introduction of cleaner
production.
Specific inter-ministerial coordinating mechanisms for the implementation of the EU Water
Framework Directive have not yet been created.
However, the Ministry of Ecology and Natural Resources established at the Ministerial level a
"National Commission for the Implementation of the Danube River Protection
Convention" (June 2003), dealing also with the implementation of the EU WFD. National
specialists, participating in the work of the ICPDR Expert Groups and professionals from
research institutions are member of the Commission.
Challenges for IMCM development
Weak or non-existing vertical and horizontal communication between Ministries and other
governmental bodies
Environmental information from other government bodies is not readily available to the MENR
even though it is required by law and, in some cases, is stipulated in the formal agreements
between institutions, such as the existing agreement between the MENR and the Ministry of
Health and Social Protection. Therefore, the MENR relies on the information gathered by its
inspectors.
The other ministries lack specialists and/or departments to deal with environmental issues. In
some ministries the Environment Unit has been dissolved, such as the Ministry of Economy and
Trade.
The frequent reorganization of national, regional and district structures since 1998, has certainly
been a source of confusion and has complicated the horizontal cooperation of authorities
enforcing environmental legislation. The changes in geographical coverage and the consequent
transfers of files, changes in staff and leadership, and changes in priorities do not facilitate the
development of Interministerial cooperation mechanisms.
Policies, legislation, standards and technical regulation need to be revised, and programs for
water management and pollution control need to be developed.
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 19
Legal and institutional mechanisms have to be developed and put in place to monitor efficiently
compliance with regulations and standards.
Financial resources for construction, rehabilitation and operation of municipal WWTP and
industrial units (poor efficiency and/or outdated technologies) have to be mobilized.
The environment and water management are not ranking at a high level of priority for the
Government.
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 20
2.8. Romania
General Coordinating Mechanisms
The Ministry of Environment and Water Management (MEWM) was re-created as a separate
Ministry in March 2004. It carries out national water strategy and policy in the water resources
quantitative and qualitative management field. The specific functions of the Ministry include: strategic
planning including the elaboration of water management and development of national programmes;
preparation of legislation and policy; responsibilities for transposing and implementing EU aquis;
allocation and management of national budget resources for water management and development;
setting the standards as well as the controlling and monitoring of compliance with; preparation of
administrative process for regulated use of water resources through the system of license and permits;
and international cooperation and cooperation on transboundary water bodies. The Ministry of
Environment and Water Management is also responsible for preparation and implementation of the
Flood Action Plans.
Specific Coordinating mechanisms
Romania has a number of specialized inter-ministerial coordinating mechanisms. The "Inter-
ministerial Committee for the Coordination of Environmental Protection" has a wide mandate
and is composed by members form all relevant Ministries: Ministry of Environment and Water
Management, Ministry of Economy and Trade, Ministry of Health, Ministry of Public Finance,
Ministry of Administration and Interior, Ministry of Education, Research and Youth, the National
Council for Environment and Sustainable Development, private institutions and NGOs.
The Inter-Ministerial Committee for Water Management resumed, and the committees
responsible for water basin management commenced their activities assuring the WFD
implementation.
In 2005; the National Environmental Guard was reorganized as a specialized body for inspection
and control within the structure and coordination of the Ministry for Environment and Water
Management. It has 8 regional units and 41 local branches. The outstanding permits represent a
challenge which the environment administration has to tackle without reducing the quality of the
permits. Particular efforts are needed to ensure that water licensing procedures do not delay the IPPC
permitting procedures.
National Administration "Apele Romane" (NARW) carries out the implementation of the national
water strategy and policy, the quantitative and qualitative water management as well as the operation
of the water management structures. This Authority has 11 regional branches organized according to
river basins of Romania. NARW has responsibilities for control, issuing licenses and permits as well as
for the monitoring of water quality and emissions. The monitoring of water quality needs further
efforts. As regards investment in water infrastructure, the necessary funds need to be secured in order
to ensure proper implementation.
The Ministry of Environment and Water and Management comprises in itself major important sectors
responsible for water management and pollution control.
Under the guidance of the MEWM several coordinating bodies have been created in the following
fields:
Commission for water protection against pollution from nitrates from agricultural sources, responsible
for the implementing the Action Plan, identification of vulnerable zones and introduction of BAP;
Members: MEWM (Departments for Water, Agriculture, Land reclamation) and Ministry of Health;
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 21
Committee for Reduction of Dangerous Substances, responsible for the implementation of the Action
Program for the reduction of pollution in the aquatic environment and groundwater caused by
discharge of dangerous substances;
Members: MEWM, Ministry of Economy and Trade, Ministry of Health;
National Committee for Coastal Zone Management, in charge of preparing national strategies and local
action plans for coastal zone management and pollution control;
Members: MEWM, local authorities for water and environmental protection, Public works, Industry,
Tourism, Transport, Civil navigation, Fisheries, Naval Forces, Health, Research, Culture, Local
Governments and NGOs;
National Commission for Dams, in charge of legal and safety issues of hydro-technical works;
Members: MEWM, other Ministerial departments concerned, Romanian National Committee for Large
Dams, Economic units and interested public institutions;
Central Commission for Flood Protection and Control: in charge of flood control, observation of
dangerous meteorological phenomena and accidents from hydro-technical constructions;
Members: MEWM, Public administration, National companies and competent private sector, specialists
from research institutions;
At the regional level Basin Committees have been created under the guidance of the MEWM, in charge
of water works and setting of priorities for implementation of local schemes, prevention of pollution
from accidents, integrated RBM Planning, defining local norms and standards for water quality and
wastewater discharge, defining water quality classes and insuring public access to information;
Members: MEWM, Regional Environmental Protection Agencies, Romanian Waters, Ministry of Health,
Consumer Protection Department, Local Governments, waters users, and NGOs;
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 22
Organizational structure for implementation of WFD (Romania)
Challenges for IMCM development
The efficient implementation and enforcement of environmental legislation require the
redefinition of responsibilities and relationships between different authorities (horizontal and
vertical), and the capacities of national and county authorities need to be strengthened to
monitor efficiently compliance with regulations and standards.
New legislation is placing administrative obligations on county and municipal authorities, which
may not possess adequate capacities, in terms of staff and/or overall capabilities. Such
obligations are often poorly understood, so that inconsistencies and overlaps in administrative
regulations can cause considerable problems.
Further it should be notices that outdated technology still existing in many Romanian
enterprises would require major investments that only foreign investors could provide. Also
benefits to be gained from integrating economic and environmental concerns need to be
clearly illustrated and emphasized.
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 23
2.9. The Russian Federation
General Coordinating Mechanisms
State management of water resources use and protection is performed on the federal, basin
and territorial levels.
On the Federal level the main tasks related to the state management of the water resources
are in the competence of the Ministry of Natural Resources of Russian Federation (MNR) as
well as the Federal Agency for Water Resources. Apart from that specific functions of
control and supervision are also assigned to the Federal Environmental and Nature
Management Supervision Service which is also attributed to the structure of the Ministry of
Natural Resources of the Russian Federation.
The Department of Natural Resource Use and Environmental Protection of the Central
Administration of the Russian Federation is the most important organ within the structure of
executive bodies. The department co-ordinates other executive federal bodies in the decision-
making process. Those are the Ministry of Melioration and Water Management, Ministry of
Health and the Ministry of Fisheries also approve rules designed to protect surface waters from
pollution. The work on environmental bills is under the responsibility of the Committee on
Ecology and the Committee on Natural Resources and Nature Use. Territorial branches of the
MNR have been established in the oblasts, krais (territories) and local administrations.
The interaction of Russian Federation territorial subjects in the basins of water bodies in terms
of water management activities, use and protection of water resources is regulated by basin
agreements.
Specific Coordinating mechanisms
The Federal Water Resources Agency (2004) is a federal executive body performing the
functions related to providing State services and federal property management in the sphere
of water resources. The Federal Water Resources Agency is under the authority of the Ministry
of Natural Resources of the Russian Federation.
The Federal Environmental and Nature Management Supervision Service together with
the above mentioned body performs the main functions of state management in the sphere of
use and protection of water bodies (command, planning, record and control).
Basin councils are set up within the structure of basin organs of state management for the
purpose efficient management of river basins. These councils are supposed to regulate and
coordinate the interests of the Russian Federation territorial subjects and different categories
of water consumers. Federal executive bodies are necessarily represented in the councils,
along with the Russian Federation territorial subject executive bodies, local authorities, water
consumers and the general public.
Challenges for IMCM development
The improvement of legislative and normative-legal basis of water use as well as the development of
efficient economic methods for water use regulation is one of the key directions of the complex work
aimed at implementing the tasks of water bodies protection to solve one of the major problems of
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 24
water management, namely normal provision of water management resources by means of rational
and careful water use.
The strengthening of existing water legislation can be achieved by adopting an amended RF Water
Code and other federal laws in order to define and introduce effective regulatory mechanisms. The
financial framework of the water management sector should be based on a system of water use fees,
and there should be a legal requirement to use the revenues as an earmarked source of funding for
national environmental actions. Key legislative tasks are summarised below:
·
Clear distribution of water resource management/protection powers and
responsibilities between the RF Government and the RF constituent member
governments, where the RF Government retains the functions of overall centralized
planning and regulation of water resource uses;
·
Management and administration of revenues raised from the collection of water-use
fees which should be earmarked for the implementation of federal environmental
programmes;
·
Strengthening the legal framework of new ownership arrangements in the water sector
to encourage sustainable water resource management and protection;
·
Clear resource mechanisms should be defined by environmental legislation to ensure
that governmental authorities have adequate capacity to fulfill their mandate on the
implementation of national environmental programmes;
·
Strengthening the legal framework for the market-based economic mechanism of
water management;
·
Ensuring protection of investments in the water sector;
·
Development and strengthening of the legal framework ensuring safety in the water
sector, the rehabilitation of water bodies, the sustainable use and conservation of
water resources, river catchment management and protection, and restoration of the
flow-regulating capacity of river catchments;
·
Ensuring the participation of the public in water policy development
·
Control over use of water resources.
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 25
2.10. The Republic of Serbia
General Coordinating Mechanism
The Directorate for Water being part of the Ministry of Agriculture, Water Management and
Forestry, is specifically responsible for the development of water management policy, rational
consumption of water resources, provision of drinking water supply (excluding distribution), flood
protection, issuing permits for water abstraction and discharges, and collection of charges for water
use and discharges to water bodies.
The public water management enterprises `Srbijavode' and `Vode Vojvodine' were set up to manage
water resources in Serbia and Vojvodina respectively.
Other ministries with responsibilities for the environment include: the Ministry of Agriculture,
Forestry and Water Management Directorate for Forests, Directorate for Water (water, forests,
livestock farm waste, etc.), Directorate for Plant Protection (control of production, import, trade,
storage and application of plant protection agents), Veterinary Directorate, Ministry of the Economy
(industry); Ministry of Health (enforcement of sanitary regulations relevant to the environment);
Ministry for Capital Investments (urban planning and construction and use permits, road, air, rail and
water traffic); Ministry for Mining and Energy (energy efficiency, permits for extraction of mineral
resources, except for ground waters, renewable energy sources); Ministry of Trade, Tourism and
Services, etc.
Specific Coordinating mechanisms
The Hydro- Meteorological Institute (Hydromet) is the designated organization in charge of
hydrometeorological services including ambient environmental quality monitoring. Hydromet runs a
national network of monitoring stations including stations for measuring surface and groundwater
levels, monitoring stations for measuring suspended solids, water flow and water temperature. Water
quality is continuously monitored in a network of stations for surface and groundwater. Hydromet
deals with the state hydrometeorological and hydrological monitoring system and the system of state
laboratories.
The Public Health Institutes monitor local air quality in large urban areas, surface water quality in
urban areas, drinking water quality and noise.
The Environmental Inspectorate covers compliance and emission monitoring but these tasks are
inadequately addressed. There is no self monitoring by industry or other polluters.
Challenges for IMCM development
·
Very limited progress can be reported in the field of water management, and legal
approximation as well as appropriate investment in water supply and sanitation remains a
key challenge.
·
With regard to administrative capacity, the capacity of the Directorate for Environmental
Protection within the Ministry of Science and Environment is improving, but efforts need to
continue. The water administration within the Ministry for Agriculture, Forests and Water is
seriously understaffed and coordination between the two ministries needs to be improved. At
local level, the lack of staff hampers satisfactory implementation of environmental legislation
and the absence of regional structures makes the planning process and implementation of
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 26
environmental and water legislation difficult. Training activities for environmental inspectors
have taken place but the administrative capacity for implementation and enforcement for
both environment and water legislation remain unsatisfactory and need to be considerably
strengthened, especially at the local level (Serbia 2006 Progress Report for EC).
·
Lack of a National Environmental Strategy and River Management Plan
·
Poor integration of environmental policy with economic and other sectoral policies
·
The Water Act in compliance with EU water legislation remains a challenge.
·
Inefficient environmental enforcement resulting from legal gaps and inconsistencies.
·
Inconsistencies and overlaps with respect to responsibilities and functioning of relevant
bodies organizations in field of water management
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 27
2.11. Slovakia
General Coordinating Mechanisms
The Ministry of Environment (MoE) is the central administrative body for water management.
Legislative matters are prepared by the Ministry of Environment and have to pass an inter-
ministerial process of approval before being submitted to the Legislature.
Specific Coordinating mechanisms for water and environment
The Ministry of Environment, the Ministry of Soil Management, the Ministry of Health and the
Ministry of Interior (Regional and district offices for Water Management) are responsible for
water management and water protection.
An institutionalized coordinating body for environmental protection and water management
does not exist whenever the above Ministries are efficiently cooperating in developing relevant
policies and strategies and in preparing and/or amending legislation for water management
and pollution control.
The Council for Sustainable Development was established by the government of Slovak
Republic in 1997 as a key government mechanism for the coordination of global environmental
management in Slovakia.
The institutional structure is as follows:
· The Council of the Government for Sustainable Development ("Council") is advisory
and coordination body of the Slovak Government for implementation of the principles
of sustainable development. The Council members are nominated by the Prime
Minister approved by the Slovak Government.
· The Department for European Affairs arranges organization-technical activities of the
Expert Committee for Sustainable Development, it is the National Contact Point for
Sustainable Development and National Coordinators for the Sustainable Development
· The Expert Committee for Sustainable Development in the SR consists of sectoral
experts, representatives of self-government and non-governmental organizations.
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 28
Members of the Expert Committee are approved by the Deputy Prime Minister on the
basic of proposals of sectoral ministers and responsible representatives.
This interministerial body should serve as an effective base for coordination of water
management in Slovakia.
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 29
2.12. Turkey
General Coordinating Mechanism
The Ministry of Environment and Forestry (MoEF, 2003), is the key institution on the national
level with power to conduct activities to protect and improve the environment The MoEF is
designated as the main responsible body for environmental management and charged with co-
ordinating all national and international activities concerning water resources. The MoEF has
important duties concerning permitting of installations and enforcement of environmental legislation
such as authorization of discharges from urban wastewater treatment plants. The MoEF
organisational structure provides for Provincial Environmental Directorates authorised to decide on
water issues and together with the Ministry of Health they are directly responsible for the inspection
of water supply and sanitation activities.
Specific Coordinating mechanisms
The General Directorate of State Hydraulic Works is affiliated to the Ministry of Energy and
Natural resources. It is a leading body carrying out most of sub sector activities at all stages of water
resources development. SHW ensures the long-term supply of drinking and industrial water and also
plans, executes and in most cases co-operates in works for flood protection, irrigation, and drainage
and hydropower generation. The responsibilities of SHW also include performing basic investigations
such as, flow gauging, soil classification, water quality monitoring, and preparation of river basin
development plans and formulation of proposals for construction financing and subsequent operation
of these works.
Water and Sewerage Administrations of Greater Municipalities (SK's) connecting the
municipalities (16 out of 80 provincial capital municipalities) have taken part in the implementation of
pollution control policies, including water supply and construction and operation of wastewater
treatment facilities. There are 16 water and sewerage administrations in Turkey. They are financially
semi-autonomous. They collect wastewater treatment charges together with the water supply
charger.
SKs are managed by their General Managers and their Board. The board is chaired by the mayor of
the related Greater Municipality. The regulatory tools of the SKIs such as pre-treatment standards,
discharge fees and fines, service connection procedure and tariffs, as well as water and sewerage
tariffs of the SKs are determined by the SKIs related departments and are subjected to approval of
the SK Boards and the Municipal Council.
In the Ministry the Foreign Relations Department and two general directorates, namely, the General
Directorate of Environmental Management and the General Directorate of Environmental
Impact Assessment and Planning, have a specific importance related to the implementation of the
environmental activities. The General Directorate of Environmental Management is responsible for
preparing contingency plans, identifying appropriate technologies, preparing conservation and
exploitation plans for water resources, providing integrated management of water and soil resources
at water basins, issuing discharge permits for installations, monitoring discharges and wastewater
treatment plants, approving projects concerning wastewater treatment plants for industrial
installations.
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 30
The Ministry of Health undertakes the responsibility for public health. This act includes the
protection of water resources against domestic and industrial wastewater discharges into water
bodies.
National Committee on Turkish Coastal Zone Management (KAY) in 1993. It plays an
important role in the ICZM approach at the national level through the organisation of seminars,
courses and projects.
Increasing coastal zone problems made necessary the establishment of some units for coastal zones
at the central level. The `Coastal Inventory Agency' (Ministry of Public Works and Housing) is
charged with determining the coastal shoreline and developing inventories with regard to the
implementation of coastal law.
In may 1997 the `Environmental and Coastal Management Agency' was established by the
Ministry of Environment, charged with preparation, implementation and evaluation of environmental
management plans at national, regional and local level.
Challenges for IMCM development
With its goal to join the EU, Turkey has made commendable progress in updating and modernizing
its environmental legislation. However, environmental concerns are not ful y integrated into public
decision-making and enforcement can be weak. Turkey faces a backlog of environmental problems,
requiring enormous outlays for infrastructure. The most pressing needs, among others, is for water
treatment plants and wastewater treatment facilities.
Turkey's main national policy is to improve the administrative, legal and financial capacity in
environmental management.
The institutional framework for water management is complex and weak. It does not provide
sufficient guarantees for implementation and enforcement and is not organised yet on river basin
based management.
Division of responsibilities for water management among the relevant institutions needs particular
attention due to potential overlaps, redundancies and insufficient clarity.
The Water Pollution Control Regulations (2004) do not reflect the actual situation in the country as a
whole, so their applicability on a national basis is still debatable. (Turkey 2006 Progress Report for
EU)
There is neither a wide scope ICZM law nor a special institutional development in this area and
therefore efforts do not go far beyond the project level.
Due to disorder and multiplicity in institutional structure, there is also deficiency in co-ordination.
Deficiency exists in horizontal as wel as in vertical co-ordination at central, regional, and local level.
In Turkey, local organisations are weaker than central organisations. There are deficiencies in local
administrations and in local organisations of the central government, especially with regard to
decision-making, budgeting and getting financial aid. Although Turkey has assumed the principle of
being administered locally as a policy, the necessary arrangements to ful y implement this policy
have not been realised yet.
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 31
2.13. Ukraine
With regard to the water sector, the Conception and the Program of the Development of Water
Economy were developed and approved but at the same time, there is no approved specific national
water protection policy act comprising identified priorities, clear objectives, determined mechanisms
to achieve these objectives, providing resources needed and institutional support. There is no clear
strategy on how to integrate the environmental concerns into social and economic policies under
transition to the marked economy and how to harmonize national water policy with EU policies and
legislation. Therefore Ukraine has to rely upon general policy and legal acts and apply determined
there general environmental protection principles to water sector.
General Coordinating Mechanisms
The legislative base for management of water resources, protection and restoration are issued by the
Cabinet of Ministers of Ukraine, the Government of the Autonomous Republic of Crimea and local
Councils of People's Deputies and their executive Committees.
Special authorized bodies of the State executive power in the area of water resource use, protection
and restoration are the Ministry for Environmental Protection and the State Committee for
Water Management and their local bodies. At present some uncertainty exists as to the division of
tasks and responsibilities between the two organizations.
The overall responsibility of the Ministry for Environmental Protection of Ukraine is protection
of the water environment against pollution and depletion including the development of new
legislation, policy and regulations; providing state environmental impact assessments and ecological
expertise; enforcement of water legislation, regulations and ecological inspection; management of
specialized water usage (permitting and licensing); co-ordination of monitoring activities.
Presently no specific inter-ministerial coordinating mechanism exists at Government level dealing
with water management and pollution control. The Ukraine Governmental administration is
characterized by a multitude of Ministerial departments, State Committees and Inter-sectoral
coordinating bodies, which makes it difficult to distinguish tasks and responsibilities in the water
sector.
Specific Coordinating mechanisms
The State Committee for Water Management of Ukraine is responsible for the development
and implementation of state policies for water management; operation of hydraulic water
infrastructures including reservoirs, water supply facilities, canals, etc.; running the hydro chemical
monitoring of surface waters; regulations of water abstraction for special usage. State Committee on
Water Management of Ukraine sufficiently contributed to the development of legislation and
regulation in the field of water management.
The State Ecological Inspectorate and its local branches are responsible for control and
enforcement of environmental legislation in the country generally. Issuing permits for local water
abstraction and permits for effluents discharge, verification of operations of industrial enterprises and
other facilities, pol ution control are most important responsibilities of the ecological inspection
system.
Moreover the implementation of national programs related to water protection for Dnipro River, Black
Sea, and Azov Sea etc. includes its competencies.
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 32
The State Hydro-Meteorological Service is a part of the Ministry for Environmental protection,
responsible for permanent monitoring of physical and chemical parameters of surface waters overall
country as well as for meteorological monitoring of the environment.
Other inter-sectoral bodies, like the Commission for Implementation of Reform of Housing and the
Municipal Sector (drinking water), the National Council for Sustainable Development, the Inter-
sectoral Commission for Environmental Monitoring, the Inter-sectoral Commission for control of land
use, the Inter-sectoral Scientific Expert Council for Pesticides and Agricultural Chemicals as wel as
the Council for European Integration (adaptation of legislation) have only limited relation with issues
related to water management and pollution control.
Other Ministries (Health, Agriculture, Land Use, Forestry, Construction, Architecture, and Municipal
Service, etc) are equally involved in issues related to a greater or lesser extend to water
management and pollution control:
The Ministry of Health (MoH) of Ukraine is responsible for water quality control throughout the
country. The local branches of the State Sanitary and Epidemiological Service (subordinated to the
MoH) are responsible for control of hygienic and epidemiological quality of drinking water and other
waters used for recreational, bathing, medical purposes as wel as waters discharged into natural
water bodies.
The Ministry of Agriculture of Ukraine. The agricultural sector is one of the largest consumers of
water resources. The agricultural activities cause serious pollution of water bodies with agro-
chemicals (pesticides, herbicides and artificial fertilizers), nutrients and microbiological compounds.
Therefore agricultural policy oriented on best available technologies and practices of environmentally
friendly food production is an important factor of prevention of pollution of water ecosystem.
Under the lead of the Ministry of Foreign Affairs and the Ministry of Economics, the Ukrainian
Government has created several institutional mechanisms for European integration, in particular for
the harmonization of Ukrainian legislation with EU requirements.
The Inter-sectoral Coordination Council for adaptation of legislation, under the Ministry of
Justice, is an advisory body to revise national legislation in line with EU legislation for environmental
protection and sustainable use of natural resources. It can be assumed that in this context, the EU
WFD, including environmental norms and standards, wil also be introduced into national Ukrainian
legislation
It can be expected that coordinating mechanisms wil be created when the Ukraine is prepared to
ful y implement the WFD. Presently, Ukrainian specialists are participating in ICPDR Expert Groups to
take part in developing the methodological approach and to introduce the planning process for the
implementation of the WFD in Ukraine.
However, the participation of Ukrainian Experts is neither regular nor does the ICPDR receive in time
all necessary national data and reports from Ukraine to develop a basin wide and complete analysis
for the Danube River Basin District.
Challenges for IMCM development
·
Lack of political commitment and low priority for environmental protection in spite of
development of new legislation in line with EU requirements;
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 33
·
Lack of trust in the Government decision making process and insufficient development of
private public partnership;
·
Frequent changes in policies and sector priorities as well as administrative instability are
detrimental to sound and coherent development of environmental cross sector policies and
introduction of measures for compliance;
·
Regulatory system looks very complicated and inconsistent, and is evidence that a lot of
legislative power is delegated to the government level.
·
Legal acts and decisions for environmental protection do not receive necessary financial
support for implementation of measures;
·
Lack of coherent and coordinated sector strategies, which are insufficiently reflecting
environmental concerns;
·
Lack of funding for implementation of operational programs and investment projects.
Generally the framework conditions for effective water management and pollution reduction is
challenging. The development of inter-ministerial coordinating mechanisms requires first that
Government structures are effective and operational and that responsibilities and tasks between
different administrative bodies are sufficiently wel designed.
Constant change of staff even at the technical level, irregular attendance of ICPDR Expert Group
meetings in spite of financial support, and missing links of communication do not encourage
international cooperation.
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 34
3. DEMAND INDICATORS ANALYSIS FOR STRENGTHENING
OF IMCM
The purpose of the demand indicators identified during inception phase is to logical y and objectively
assess the potential country participation regarding the strengthening of inter-ministerial cooperation
mechanisms.
In this process it has been essential to clearly identify the general issues relating to each country and
then to undertake an initial identification of the countries which will benefit from information, capacity
building or organizational design support during the project. The demand indicators are in the form of
a set of questions which are applied on country by country basis. The initial stage of the development
of demand indicators involved a general assessment of overriding issues in each country which might
affect that country's potential participation.
Demand indicators were formulated into the following questions:
1) Do countries already have an effective IMCM in place?
Some countries, for example EU Member States, through the implementation of the Water
Framework Directive and other initiatives, already have effective IMCM's in place. These
countries do not require any additional assistance.
2) Are there other assistance programmes in place which will support the
development of IMCM's?
There are a variety of donor programmes which operate in the DRB and Black Sea region. Some
of their activities may be related to IMCM. Where other donor activities are underway or planned
this project will not duplicate that assistance.
3) Is there an expression of minimal willingness and basic capacity in the country to
establish those mechanisms and is there a Government focal point nominated to
cooperate with the IMCM project activities?
Externally initiated projects need to have a focal point within the country that wil support the
project implementation in that country. Without that support a project cannot function. The
Client has asked each country to appoint a person to act as a focal point and the Consultant will
also use previously existing contacts to find the appropriate person in each country
4) Are there other considerations which would facilitate or hinder the impact of IMCM
activities at this time?
This question relates to over riding issues such as an election, EU membership, or recent
government reorganization which wil impact the potential for specific country participation in the
project.
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 35
3.2. Country involvement process
The willingness to participate in the project was used as one indicator of demand. The Client asked
each country to appoint a person to act as a focal point. In addition to the focal point the Consultant
wil also use previously existing contacts form other DRP or BSC project components to find the
appropriate persons to participate in the project in each country. The Consultants conducted initial
meetings with the Black Sea country representatives in Turkey at the November BSC meeting with
the following progress:
Bulgaria: the Bulgarian representative agreed to review the material prepared and to determine if
there is a need to update it. If an update is needed a local consultant will be hired for this task.
Georgia: There was general agreement for project participation and more specific ideas wil be
developed in part based upon previous attempts to organize coordination.
Romania: Representative wil discuss the situation with the State Secretary. The expectation is to
have a workshop there to develop a broader inter-ministerial mechanism in Romania based upon the
existing positive experience with similar mechanisms including those at the individual river basin
level.
Turkey: They would like to have a workshop with EU focal points to improve inter-ministerial
communication. They have identified a highly respected moderator for the project. Ideally they would
like to hold a workshop in conjunction with a Land Based Pollution Seminar (LBPS) scheduled for
January 2007.
Russian Federation: In principle there is agreement on holding a workshop probably at the regional
level with the option of some national participation. A letter has been sent from the DRP/BSC
Regional Project Director to the relevant official to request cooperation.
Ukraine: The Government is in a state of "transition". However we have agreed that they will make
a proposal to revitalize an existing Black Sea forum the Consultant will decide how to proceed after
receiving the proposal.
The other start up meeting was held in Moldova. The discussion with the Minister of Ecology and
Natural Resources indicated a general willingness to participate and the need for developing more
detailed activities that will developed in consultation with the focal point appointed by the Minister
and the project's local consultant.
Serbia: There is an election to be held early in the new year which wil likely result in changes so
therefore it is difficult to get commitment to an IMCM at this time. However, the possibility of
producing the ground work for such an approach for the consideration of the future government is
being explored by a local consultant.
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 36
3.3. Activity Proposal for strengthening IMCM
During the analysis country-specific barriers and opportunities in establishing and strengthening
inter-ministerial coordination mechanisms were analyzed. Particular attention has been given to the
countries which were not included in the Phase 1 analysis namely The Republic of Serbia, Georgia,
the Russian Federation and Turkey.
Applying demand indicators questions has resulted in the preliminary selection of the most
appropriate countries for project activities.
The following table shows the results of initial contacts and analysis for each of the countries. It
clearly shows that EU country members together with those due to join (Romania and Bulgaria)
generally have IMCMs in place. However Romania has asked for additional advice in IMCM
implementation. The Bosnia and Herzegovina is a state where many projects are currently being
implemented and it is likely that IMCM will be covered by another project. To initiate IMCM project
activities would risk inefficient overlap which would not benefit the country. Croatia appears to be in a
similar situation but more information is being gathered before a final decision is made.
The analysis resulted in fol ow up activities for the following countries: Georgia, Moldova, The Russian
Federation, Serbia, Turkey and Ukraine.
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE DANUBE RIVER BASIN AND THE BLACK SEA
COUNTIRES
page 37
Demand Indicators Analysis
Country
Demand Indicators
Do
Are there other
Is there an expression
Are there other
Additional Remarks
countries
assistance
of min. willingness and
considerations which would
already
programmes in
basic capacity in the
facilitate the impact of IMCM
have an
place which will
country to establish
activities at this time?
effective
support the
those mechanisms and
IMCM in
development of
is there a Government
place?
IMCM's?
focal point to cooperate
with the IMCM project
activities?
Bosnia
X
X
X
Herzegovina
Bulgaria
X
Update of information may
be necessary
Croatia
X
X
X
Czech Republic
X
Georgia
X
Previously had a high level
committee which did not
function
Hungary
X
May be useful source of best
practice
Moldova
X
Minister of the Environment
supportive, Focal Point and
local consultant in place
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 38
Country
Demand Indicators
Do
Are there other
Is there an expression
Are there other
Additional Remarks
countries
assistance
of min. willingness and
considerations which would
already
programmes in
basic capacity in the
facilitate the impact of IMCM
have an
place which will
country to establish
activities at this time?
effective
support the
those mechanisms and
IMCM in
development of
is there a Government
place?
IMCM's?
focal point to cooperate
with the IMCM project
activities?
Romania
X
X
X
IMCM in place, but request
for implementation
assistance in broadening the
concept
Russia
X
Awaiting
official
response
The Republic of
X
The situation is influenced
Serbia
by the election in the new
year.
Local consultant exploring
possibilities.
Slovakia
X
Possible model for high level
coordination
Slovenia
X
Turkey
X
X
Moderator identified. Wksp
possible in connection with
the LBPS in January 2007
Ukraine
X
Awaiting
proposals
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 39
4. INFORMATION COMPENDIUM
The aim of developing the information compendium is to create a basic information package
with respect to the theoretical background and implementation steps of Inter-ministerial
mechanisms including best practices and practical examples from functioning Inter-ministerial
mechanisms. This will supplement the "best practices" in the region, the other major source of
capacity building material. On the basis of gathering knowledge form the available sources
elsewhere information compendium will serve as a guideline for organizational design
development, development of the specific country implementation work plan as well as material
related to capacity building.
The basic source of the theoretical and methodological approaches concerning the IMCM which
is summarized here is the United Nations Economic and Social Commission: "Integrating
Environmental Considerations into Economic Policy Making", (New York, 2000).
4.1. IMCM theoretical background
Environmental issues including water protection, water management, and pollution reduction
are multi-sectoral in nature in all international river basins including the Danube River Basin and
Black Sea Basin. Therefore efforts to formulate national sustainable development environmental
policies and programmes require the cooperation of several ministries and government
agencies. Establishment of an effectively functioning IMCM must consider the policy, legal and
institutional framework.
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 40
4.1.1. Policy
The crucial issue underlying the promotion of cooperation among government ministries is the
level of political commitment. The success or suitability of the environment-related policies or
measures may be judged according to the following broad criteria:
Figure 1: Criteria for evaluating the policies or measures in the policy formulation and
implementation process
(Source: United Nations Economic and Social Commission for Asia and the Pacific. Integrating
Environmental Considerations into Economic Policy Making: Institutional Issues. New York,
2000.)
Effectiveness - refers to the degree to which the policy or measure achieves the environmental
objective of protecting the environment or natural resource. For example, with regard to a
pollution abatement policy, the issue is whether the policy actually results in a reduction of
pollution.
Efficiency - or 'a locative efficiency' refers to the use of society's resources in an optimal way,
i.e. without any wastage or additional costs. For a policy to be considered 'efficient', the total
costs (including costs to the government, individuals and firms) involved in implementing the
policy must not outweigh the total benefits. Thus, improved efficiency is associated with cost
savings to firms or net benefits in terms of improvement in environmental quality and natural
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 41
resource stocks. For natural resources, examples include increases in sustained yields in
fisheries and forestry.
Flexibility - the suitability of policy measures may also be judged by the extent to which they
can be adapted to changing market, technology, knowledge, social, political and environmental
conditions. For example, the degree of flexibility of an emissions charge can be determined by
the extent to which the lead agency can react quickly to changes in emissions and whether it
has the legal authority to make such changes. In cases, where there are several layers of
bureaucracy, the change might be too late to be effective.
Equity - an important consideration in assessing policy instruments is the issue of equity or
'fairness'. This has to do with the distribution of the costs and benefits among different groups
in the population. Impacts on low-income groups may be a concern, as well as effects on the
profitability and competitiveness of local industry.
Institutional constraints - To be effective, policy instruments or measures must be able to fit
in with existing or proposed legislation. There must also be the necessary administrative
support to make the policies/ measures work. As indicated in the other modules, sometimes the
effectiveness of policies is hampered by jurisdictional constraints in the design and
implementation of policy measures. For certain types of policies, difficulties may arise with
respect to the coordination, monitoring and evaluation functions.
Community acceptance - the success of a policy/measure critically depends on the degree to
which the community accepts it. Often, this depends on the extent to which the community
understands how the policy works and the objective(s) that the policy is trying to achieve.
Community support can be garnered through public consultation and education programs.
Similar programs may also be targeted to industry groups. The public and industry should also
be sufficiently warned about changes in economic instruments such as charge rates, allowable
quotas (e.g. for fish and forest harvests).
Prior to the advent of the idea of sustainable development, environmental issues tended to be
considered as an afterthought in the formulation of government policies. In spite of the recent
rise of environmental concerns to the top of the policy agenda, economic policies still tend to be
driven by the need earn income and reduce government budget deficits. It is instructive to learn
about how economic policies/programmes with environmental consequences were adopted or
implemented. Such information could be useful in allowing us to better integrate environmental
concerns into economic policies.
4.1.2. Legal
framework
The institutional framework for national and sub-national government coordination in integrating
environmental consideration should be built on the institutional foundations laid out in the legal
framework. The legal framework provides the general legal principles i.e. decrees, regulations,
policies, to which national and sub-national governments refer to and from which they derive
their legal standing. It is important that in the legal framework, the roles of each institution in
policy-making, policy implementation or monitoring and the relationship amongst the
institutions be clearly defined.
The introduction of broad-based environmental laws upon the existing system of resource
management legislation, based on sectoral responsibilities, has brought in its wake a number of
legal problems of overlapping powers and functions, shared duties of several institutions,
inconsistencies, and conflicting jurisdictions and legal provisions
Evolution of environmental legislation
The evolution of environmental legislation can be traced from early resource exploitation
legislation through later resource management legislation to more recent legislation conceived
primarily from the perspective of environmental management. This has resulted in many of the
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 42
provisions relating to natural resource conservation, pollution control and protection of historical
and cultural sites being scattered among a wide range of statutes and in some instances, the
common and customary laws of countries, developed at different times and in vastly different
political, economic and social contexts. Achieving the necessary contextual change and
harmonising these provisions is one of the difficult challenges of developing an effective legal
and institutional regime for environmental management in the context of sustainable
development.
Earlier response legislative enactment
Early governmental responses to the problems of environmental pollution took the form of
legislative enactments to deal with the causes of environmental impacts, particularly industrial
effluents and nuisance. Thus, in addition to new sectoral legislation to fill the more apparent
gaps in national frameworks, countries in the region began to enact comprehensive anti-
pollution laws. The main focus of the legislation was however on pollution control.
Environmental quality and anti-pollution regulations are still the most widely used legislative
technique for pollution control, though several new approaches are evident in contemporary
state practice. These laws usually deal with air and water quality, marine pollution, solid waste
disposal, toxic materials management, and establish meet of quality criteria, definition of
pollutants, setting permissible limits, and regulating control, compliance and enforcement
methods. One of the most widely used techniques for environmental control is the system of
authorisations (by permit, certification, licence) administered by government institutions.
Umbrella laws.
A more recent legislative technique for environmental management is the "umbrella" of
framework law, for example the EU Water Framework Directive. Framework environmental laws
are enacted to cover the entire spectrum of cross-sectoral environmental issues and to facilitate
a more cohesive, coordinated and holistic approach to environmental management. Such
legislation lays down the basic legal principles without any attempt at codification. It normally
entails the declaration of environmental objectives and policies, the establishment of the related
environmental institutions, and the definition of the common procedural principles for
environmental decision-making applicable to all sectors. In this latter respect, the legislation
often covers such cross-sectoral issues as environmental impact assessment, environmental
quality criteria, and public participation in decision-making and implementation
It is obvious that there are three types of the countries regarding its position to European
Community - the member states, the accession countries and non-accession countries. The
status of development of EU legislation in field of water protection and water management
depends on these circumstantiates.
Most non-accession countries in the region have passed legislation to protect the environment.
In some countries environmental legislation has not been effective in protecting the
environment due to various reasons including low penalties, lack of comprehensiveness and
poor monitoring and enforcement. The process of designing and approval of the new laws have
a bearing on their effectiveness. In particular, laws that have transposed at least principles of
EU water legislation and have been drafted with input from the key stakeholders are likely to be
more effective.
The legal framework criteria comprises of identification and description of all relevant inter-
ministerial co-ordinating mechanisms with responsibilities for:
·
pollution control,
·
water and waste water management,
·
environmental protection,
·
issues related to industrial and agricultural production and land use,
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 43
·
implementation of relevant EU Directives, focusing on the WFD etc. (name, responsible
lead Ministry/agency, etc)
·
implementation of investment projects for pollution control and nutrient reduction to
assure coherence between policy measures and investments programmes;
4.1.2.1. Models of IMCM
The crucial issue underlying the promotion of cooperation among government ministries is the
level of political commitment.
Coordination mechanisms could consist of a range of entities such as high-level steering groups
within national governments, inter-agency task forces (for specific purposes, e.g. water
pollution control). The creation of coordination mechanisms can free water allocation decisions
from being driven solely by sectoral interests, enabling more strategic allocation. Putting
together i.e. an inter-ministerial steering group-preferably supported by a management team of
qualified professionals-can help create joint ownership of the strategy across sectors and help
enact the reforms adopted.
Coordination is extremely important in order to resolve any potential conflicts between the
economic and environmental goals and to formulate holistic policies. Each related ministries
and/or institutions nominate a representative, usually a senior ranking official, to represent the
ministries and/or institutions in the established coordinating body. The coordinating body meets
on a regularly basis to discuss on policy issues and resolve policy differences, along with making
policy decisions on behalf of the member ministries
A key issue in effective water governance is the creation of effective co-ordination mechanisms
between different agencies. Fragmented and shared responsibilities are a reality and are always
likely to exist. The simple act of putting all water functions within one agency, inter alia, will not
necessarily remove conflicts of interest, and can result in the loss of transparency.
Experience with GEF-supported programs to test integrated land and water resources
management processes in a number of river basins around the world, for example, suggests
that national inter-ministerial committees can play active roles in these processes, not simply
approving finished plans and strategies but in fact taking a role in steering the process.
Because the steering committee does play such an important role in the success of a strategy,
choice of members needs to weigh both level of influence and commitment to the process. The
same steering group might also monitor implementation progress and be held to account to a
higher authority. A high-quality management team should be identified early in the formulation
process. The inter-sectoral cooperation is a theme that is not often applied in water resource
management.
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 44
Examples of the national level inter-ministerial coordination committees:
Inter-agency coordination committees for environmental issues exist in many countries. These
have varying mandates, frequency of meeting and effectiveness. These committees tend to be
of two types:
(i) committees with links to economic development and environment as separate entities, and
(ii) national sustainable development committees which act as an advisory body, with economic
development and environmental issues considered together.
Figure 1
The figure above provides an illustration of the structure of the first type of committee. Here,
the two committees (environment and economic planning) are serviced and coordinated by their
respective ministries. The committees have representatives from the various line ministries, and
each line ministry may have environment cells or units to deal with sector-specific
environmental issues.
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 45
Figure 2
The figure above provides an illustration of the second type of committee. The main distinction
here is that economic and environmental objectives are co-ordinated by one high-level advisory
body - a national sustainable development council. The council is serviced by one or more
subcommittees. As in the first case, the various line ministries may have environmental cells. :
-
What are the main responsibilities and what is the coordinating role?
The need for coordination arises because environmental issues fall within the sphere of influence
of more than one ministry or area of operation. Coordination is also necessary in order to meet
the sustainable development goals of protecting the environment while maximising economic
objectives. Coordination is required to remove overlaps and conflicts of interests and also to
ensure successful implementation of national sustainable development strategies.
-
Is the coordination functioning, and if it is, how effective is it?
Two types of coordination are necessary for the implementation of sustainable development
policies: horizontal and vertical coordination. Horizontal coordination (see Figure 1) refers to the
coordination of activities between different ministries at the same level in the government
bureaucracy. On the other hand, vertical coordination refers to the coordination of activities
between local, state (or provincial) and national governments, or between different layers of
line staff within a given ministry. In general, there is an inverse relationship between the degree
of vertical coordination and the degree of decentralisation of the government structure. That is,
the more autonomous local governments are, the less is the need for vertical integration.
Furthermore, the bigger the country, the greater the levels of hierarchy and hence the greater
the need for vertical coordination. The Russian Federation is an example where vertical
coordination is an issue.
The extent of vertical coordination bears an inverse relationship with the degree of
decentralisation of the government's administrative structure. That is, the more autonomous
local and regional governments are, the less is the incidence of vertical integration.
Furthermore, the bigger a country, the greater the levels of hierarchy and hence the greater the
incidence of vertical coordination. It is often the case that in situations where there are high
levels of vertical coordination, horizontal coordination appears to be lacking. Horizontal
coordination is important in the process of integrating environmental concerns into economic
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 46
policies due to the cross-sectoral nature of the environment. Excessive vertical coordination
and/or lack of (or inadequate) horizontal coordination results in fragmentation in decision
making and duplication of effort among government agencies.
In general, the decision-making process regarding environmental issues tends to be fragmented
among various government ministries. Even in cases where there is a national inter-agency
coordinating body, both vertical and horizontal coordination has not been effective.
Other issues that should be considered for establishment of inter-ministerial
coordination mechanisms
·
Successful experience to date in establishing robust and respected coordination
mechanisms is limited.
·
Establishment of a successful coordinating body can be a slow process, since it takes
time for a new body to achieve legitimacy.
·
The effectiveness of coordination mechanisms is linked to the specific political and
historical context.
·
For coordination mechanisms to function effectively, all the stakeholders who are
involved in the functions under its jurisdiction need to develop commitment to ensure it
has appropriate powers. Conflict management and awareness raising techniques are
important here.
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 47
4.2.
IMCM best practices
4.2.1. The
basic
considerations
The integration of the environmental objectives and an especially water management issues into
policy and decision making processes call for an establishment of IMCM. However the
performance of such integration can be implemented in a diverse way the basic criteria for the
best practices for determining the "success" in this field should result generally in either an
improvement in the environment situation with at least no deterioration in the socio-economic
situation, or an improvement in the socio-economic situation with at least no deterioration in
the environment situation. Moreover the practice must be sustainable over time and not a one-
off event.
There are also many factors which help characterise and measure a "best practice". These can
be classified as:
i.
Process factors
participation of the community
participation of resource owners/users
partnerships between various actors such as
government/NGO/academia/private sector
degree of co-ordination and co-operation among various government
departments
ability to attract political interest/support
exchange of information
procedures for consultations for project formulation feedback and review
ii. Cost/efficiency
factors
economic (opportunity ) cost
institution (transaction) cost
exercise of due diligence
iii. Characteristics
affecting
replication (application)
location specific
culture specific
level of development of country
style of government
degree of centralisation/decentralisation
types of instruments used in country (command and control, market
based, etc)
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 48
4.2.2. Best practices examples in the Danube and Black Sea Regions
The best practices examples regarding to establishment and functioning of IMCM have been
identified based upon findings achieved during inception phase of the Project and following
activities which have included gathering of relevant information form all targeting countries.
These sources have allowed determining two categories of best practices approaches applied in
the region:
A.
Comprehensive or strategic model
B.
Legislation specific model
The models show possibilities (without predetermination) how to deal with inter-ministerial
coordination in field of water management issues depending on the countries specific conditions
and other circumstances.
A. Comprehensive or strategic model
This model has been applied in Czech Republic and. Slovakia. It is represented by the
Council for Sustainable Development established by the governments as a key government
mechanism for the coordination of global environmental management.
For example in Slovakia the level of political commitment is indicated by the fact that it is
chaired by the Deputy Prime Minister and is supported by the Government Office.
The institutional structure is as follows:
· The Council of the Government for Sustainable Development ("Council") is advisory and
coordination body of the Slovak Government for implementation of the principles of
sustainable development. The Council members are nominated by the Prime Minister
approved by the Slovak Government.
· The Department for European Affairs arranges organization-technical activities of the
Expert Committee for Sustainable Development, it is the National Contact Point for
Sustainable Development and National Coordinators for the Sustainable Development
· The Expert Committee for Sustainable Development in the SR consists of sectoral
experts, representatives of self-government and non-governmental organizations.
Members of the Expert Committee are approved by the Deputy Prime Minister on the
basic of proposals of sectoral ministers and responsible representatives.
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 49
B.
Legislation specific model
In Romania Basin Committees have been created at the regional level under the guidance of the
Ministry of Environment and Water Management (MEWM). These are in charge of water works and
setting of priorities for implementation of local schemes, prevention of pollution from accidents,
integrated RBM Planning, defining local norms and standards for water quality and wastewater
discharge, defining water quality classes and insuring public access to information;
Members: MEWM, Regional Environmental Protection Agencies, Romanian Waters, Ministry of Health,
Consumer Protection Department, Local Governments, waters users, and NGOs. In each river basin
there is a basin committee which is made up of the main "actors" from the water management field:
state, local communities, water management units, representatives of industry and agriculture,
NGO`s.
This river basin approach is then further integrated into the overall interministerial approach to the
implementation of the Water Framework Directive
Organizational structure for implementation of WFD (Romania)
Romania has other legislative specific IMCM's for coastal zone management, nitrates and
dangerous substances. Other countries for example Hungary also have IMCM's for the WFD.
UNDP/GEF DANUBE REGIONAL PROJECT
Current Inter-Ministerial Coordination Mechanisms
Report
page 50
5. CONCLUDING COMMENTS
The Update of the IMCM situation combined with the material reviewed for the information
compendium provides a solid foundation for the development of individual country initiatives.
There is a need for flexibility in approach for a project in which the country size is so diverse;
from 17 075 400 km˛ in Russia to 20 273 km 2 in Slovenia, and the legal and institutional
systems are varied. However, it is clear from the update that there is a degree of convergence
among the countries due at least in part to the activities of the DRP and BSERP projects. It is
also clear that several of the countries are willing and able to participate in the country specific
institutional activities which will be provided in the next phase of the IMCM project,
EKOPEN Ltd. & milieu Ltd
STRENGHTENING INTER-MINISTERIAL COORDINATING MECHANISMS FOR WATER MANAGEMENT IN THE
DANUBE RIVER BASIN AND THE BLACK SEA COUNTIRES
page 51
6. REFERENCES
1. AGRICONSULTING, Functional Review of the Environmental Sector in Bosnia and
Herzegovina, Final Report, April, 2005
2. Bartková E., a kol., UNDP-GEF Danube Regional Project, Industrial Reform and
Development of Policies & Legislation for Application of BAT towards Reduction of
Nutrients & Dangerous Substances, Road Maps for the Implementation of Best Available
Techniques in Bosnia and Herzegovina, Moldova, Serbia and Ukraine Report, August 2006
3. Bartková E., a kol., UNDP-GEF Danube Regional Project, Strengthening of Inter-Ministerial
Coordination Mechanisms for Water Management in the Danube River Basin and the Black
Sea Countries, Inception Report ,October 2006
4. Bendow Joachim: UNDP- GEF Danube Regional Project, Strengthening the Implementation
Capacities for Nutrient Reduction and Transboundary Cooperation in the Danube River
Basin, Project Component 2.1: Setting up of Inter-Ministerial Coordinating Mechanisms for
the pollution control, Evaluation of results of National Reports, January 2004
5. Summary Record of the Expert Meetings on Progress in Implementing theEECCA
Environment Strategy in the Countries of the Western Part of EECCA, Caucasus and
Central Asia organized in Moscow, Russia 18 May 2005;in Almaty, Kazakhstan, 17 June
2005; in Tbilisi, Georgia, 24 June 2005
6. The Ministry of Environment and Forestry ,The "Integrated Environmental Strategy for the
Turkish Republic", April 2004
7. The Ministry of Environment and Water of the Republic of Bulgaria, National Report on
Water Management at River Basin Level in the Republic of Bulgaria, March 2005
8. The Ministry for Science and Environment,European Agency for Reconstruction ,National
Environmental Strategy of the Republic of Serbia, (Draft,) October 2005
9. UNDP-GEF Black Sea Ecosystem Recovery Project Phase II, Inventory of policies and
regulatory acts, "Policy Inventory, Analysis and Key Issues" on water management and
environmental protection, discussing the results obtained and gaps identified in Bulgaria,
Georgia, Russia, Ukraine, 2005
10. United Nations Economic and Social Commission for Asia and the Pacific. Integrating
Environmental Considerations into Economic Policy Making: Institutional Issues. New York,
2000.)
UNDP/GEF DANUBE REGIONAL PROJECT