Legal Framework International and EU legislation on monitoring of surface waters and transboundary use of aquatic resources and cooperation on adaptation to climate change and comparative legislation analysis of the Romania, Republic of Moldova and Ukraine

The report on legislation overview was developed by the legislative expert Natalia Zamfir wth contributions from Contributors: Ilya Trombitsky, Eco-Tiras, Elena Zubcov, Nadejda Andreev – Institute of Zoology, Antoaneta Ene – Universitatea Dunarea de Jos Galați, Svetlana Kovalishina, Ukrainian Centre for the Ecology of the Sea, Alekandr Matygin, Hydrometeorological Centre for Black and Azov Seas.

Chapter 1 starts with an overview of the international provisions, providing explanations of the legal and procedural aspects on innovative transboundary monitoring of the transformations of the river ecosystems under the impact of hydropower development and climate change. The chapter 1 includes an introduction outlining the key challenges in managing transboundary waters and current status of international law in this field.

Chapter 2 provides an overview of the EU policy and legislative framework in which hydropower is expected to operate in Europe, accordingly to key provisions wich preventing of the a further deterioration of rivers but also to actively restoring their ecological status and removing, or at least significantly reducing, the pressures and threats they face due to the hydropower activities. The Water Framework Directive, Flood Directive and the EIA, SEA Directives are briefly summarized as is their relationship with the Habitats and Birds Directives.

In Chapter 3, recommendations from the international regarding the monitoring of the effects of hydropower on freshwater ecosystems. A focus is given on Water Framework Directive and Habitats Directive, also relevant aspects on assessing the impact were compiled from the Regulations on the status of surface water and that of monitoring and systematic evidence of the state of surface and underground water. An example on impact scaling of hydropower impact is presented from Czech Republic, also an overview is made on those changes and indicators of impact, which are important for monitoring the hydropower impact in the context of climate change.

Particular attention is given in Chapter 4 on the analysis of the Romanian, Ukrainian and Moldovan legislation, which aim to find a synergy between policies and practices on energy, nature and water in order to take account of the river’s ecological requirements early on in the planning process and wherever possible also include measures to improve the ecological status of the river, illustrating this with good practice examples of ecological restoration from across the EU.

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