1. ““Key challenges in the implementing law within transboundaryKey challenges in the implementing law within transboundary
basins – selected case studies, presentations by GWPbasins – selected case studies, presentations by GWP
Participants”Participants”
……………………………………………………………………………………………………………………………………………………………………………………
…..…..
Legal and practical aspects of the bilateralLegal and practical aspects of the bilateral
relations between Bulgaria and Greecerelations between Bulgaria and Greece
coordination of cooperation in trans-boundarycoordination of cooperation in trans-boundary
water managementwater management
(River basins: - Struma, Mesta, Arda and Maritsa)(River basins: - Struma, Mesta, Arda and Maritsa)
Vladimir Stratiev - BulgariaVladimir Stratiev - Bulgaria

2. CONTENT:CONTENT:
I. Legal framework of interstate relations in the cooperation in theI. Legal framework of interstate relations in the cooperation in the
field of trans-boundary water management.field of trans-boundary water management.
II. Characteristics of the river basins in Bulgaria. Initial hypothesesII. Characteristics of the river basins in Bulgaria. Initial hypotheses
for the possible forms of transboundary water management.for the possible forms of transboundary water management.
III. Legal aspects and major challenges in trans-boundary waterIII. Legal aspects and major challenges in trans-boundary water
management between Bulgaria and Greece in the commonmanagement between Bulgaria and Greece in the common
European legal framework and in accordance with bilateralEuropean legal framework and in accordance with bilateral
agreements.agreements.
IV. Summary and conclusions on the issues and legal aspects ofIV. Summary and conclusions on the issues and legal aspects of
trans-boundary water management from the experience oftrans-boundary water management from the experience of
Bulgaria and Greece.Bulgaria and Greece.

3. Legal framework of interstate relations in theLegal framework of interstate relations in the
cooperation in the field of trans-boundary watercooperation in the field of trans-boundary water
management.management.
1. Instruments of international law - UN documents and international conventions with a1. Instruments of international law - UN documents and international conventions with a
subject to the environment and water.subject to the environment and water.
2. European legal framework for environmental protection and water management.2. European legal framework for environmental protection and water management.
3. National legislation of the Republic of Bulgaria relevant to the field of3. National legislation of the Republic of Bulgaria relevant to the field of
water management.water management.
4. The 50- year history of bilateral international instruments in relations4. The 50- year history of bilateral international instruments in relations
between Bulgaria and Greece on water management.between Bulgaria and Greece on water management.

4. -- art. 5 of CRBart. 5 of CRB the implementation of the international agreements in thethe implementation of the international agreements in the
Bulgarian judicial systemBulgarian judicial system;;
-- art. 18 of CRBart. 18 of CRB - special laws and exclusive status of the waters and the- special laws and exclusive status of the waters and the
protected areasprotected areas;;
-- art. 24 and art. 85 ofart. 24 and art. 85 of the CRBthe CRB – the base for– the base for the foreign policy ofthe foreign policy of
Bulgaria, and the participation in international treatiesBulgaria, and the participation in international treaties;;
-- International agreements Act, the Agreement for the joining of Bulgaria to theInternational agreements Act, the Agreement for the joining of Bulgaria to the
EUEU;;
-- TheThe Water Act from 2000 and its systematic importance for the all mainWater Act from 2000 and its systematic importance for the all main
transpositions of European water directives;transpositions of European water directives;
-- Other connected to it ecological laws – the Environment Act and these for theOther connected to it ecological laws – the Environment Act and these for the
protected areas and biodiversity, management of the waste treatment,protected areas and biodiversity, management of the waste treatment,
responsibility for covering the environmental damages and etc.responsibility for covering the environmental damages and etc.
-- Laws regulating activities of water use and public services in water sector;Laws regulating activities of water use and public services in water sector;
I.3. National legislation of the Republic of Bulgaria relevantI.3. National legislation of the Republic of Bulgaria relevant
to the field of water management.to the field of water management.

5. І.4.І.4. Bilateral international instruments in relations betweenBilateral international instruments in relations between
Bulgaria and Greece on water management:Bulgaria and Greece on water management:
І.4.1.І.4.1. The both Bilateral Agreements fromThe both Bilateral Agreements from 19641964 – one is into force to 2024;– one is into force to 2024;
І.4.2.І.4.2. Agreement fromAgreement from 19721972 – no any activity…. ;– no any activity…. ;
І.4.3.І.4.3. Agreement fromAgreement from 19951995 for usage of water in Mesta river basin;for usage of water in Mesta river basin;
- many disputes are blocking the Agreement- many disputes are blocking the Agreement ;;
І.4.4.І.4.4. Conclusions from the 50-year history of the bilateral relations;Conclusions from the 50-year history of the bilateral relations;
І.4.5.І.4.5. Joint Declaration of the ministers of the EnvironmentJoint Declaration of the ministers of the Environment from 2010from 2010..

6. Summary of conclusions about the experience ofSummary of conclusions about the experience of
Bulgaria in the bilateral agreements with GreeceBulgaria in the bilateral agreements with Greece
• The review of the bilateral agreements include their main objectives and significance, the
assessment of the nature of the obligations of the parties, the existence of legal mechanisms and
marking the positive and negative aspects of the agreements;
• There are identified as problems the one-sided and mostly aimed for water usage nature of these
arrangements,
• their directions to ensure the economic interests of the downstream country for an regular annual
supply of the fresh water resources on responsibility of the upstream country,
• also the lack of environmental objectives and systematic approach in the regulation of the
bilateral relations;
• The agreements are associated with tense historical and diplomatic relations, with different
positions on the perspectives and interests in this field;
• the lack of effective and constructive dialogue within this framework;
• In the agreements there are no mechanisms or goals for the development and improvement
these relations;
• The framework is unable to display the current contemporary issues and necessary solutions on
water management cooperation between the two countries;
• Confidence and assurance of reciprocity and mutual interest are lacking in this process and in
the main aspects of the bilateral relations.

7. II. General hydrographic and territorialII. General hydrographic and territorial
characteristics of the river basins betweencharacteristics of the river basins between
Bulgaria and neighbouring countriesBulgaria and neighbouring countries ..
ІІ.1.ІІ.1. Hydrographic and territorial characteristicsHydrographic and territorial characteristics ..
- 4- 4 districts of basin management;districts of basin management;
-- boundary and transboundary riversboundary and transboundary rivers –– Danube, MaritsaDanube, Maritsa,, RezovskaRezovska,,
TimokTimok;;
-- distribution of the river basins on Bulgarian territorydistribution of the river basins on Bulgarian territory –– ArdaArda,, MaritsaMaritsa,,
TundjaTundja –– the point of their merging is around Edirnethe point of their merging is around Edirne ,, Turkey;Turkey;
-- Struma, Mesta and DospatStruma, Mesta and Dospat –– all the down-streams are on the Northall the down-streams are on the North
Greece territoryGreece territory;;
-- datadata for the river basins and their annual flowfor the river basins and their annual flow – constant fresh water– constant fresh water
sourcessources to Greece (to Greece (further are given also maps and schemes tofurther are given also maps and schemes to
illustrate this).illustrate this).

9. Maritsa
Tudja
Arda
T

11. The main river basins in East-Aegean river basin districtThe main river basins in East-Aegean river basin district

12. West –Aegean river basin districtWest –Aegean river basin district

13. Main data for the rivers and river basins in South BulgariaMain data for the rivers and river basins in South Bulgaria
West Aegean river basin district
Territory – 11 965 km2 /11 % of the territory of Bulgaria/
Main rivers:
Struma: length (290 km); - area 8545 km2; flow – 2 242 700 000
m3;
Mesta: - - (125 km); - area 2789 km2; flow -
950 000 000 m3;
Dospat: - - (96 km); - area 636 km2; flow - 182 900
000 m3;
East Aegean river basin district
Territory - 35 200 km2 - /32 % of the territory of Bulgaria/
Population – 2 402 134
Common length of the main rivers – (912,6 km)
Main rivers:
Maritca: length (305 km); - area 21084 km2; flow – 3 403 000 000 m3;
Tundja: - - (337 km); - area 8029 km2; flow - 1 252 290 000
m3;
Dospat: - - (231 km); - area 5273 km2; flow - 2 289 000 000 m3;
Common Fresh Water Flow from Bulgaria territory through the
main rivers to the border of Greece – over 7 500 000 000 m3

14. ІІІІ..2.2. Initial hypotheses scenarios (options) in view ofInitial hypotheses scenarios (options) in view of
hydrographic features of the location of river basins andhydrographic features of the location of river basins and
river stream against state frontiers.river stream against state frontiers.
• Significance of the location of the state boundaries according to the riverSignificance of the location of the state boundaries according to the river
beds and water courses and the territory of water bodies - scenariosbeds and water courses and the territory of water bodies - scenarios
(hypotheses);(hypotheses);
• Placement of the border crossing the river streamPlacement of the border crossing the river stream –– up-stream and downup-stream and down
stream territoriesstream territories;;
• Placement of the border in the middle of the river stream – left bank – rightPlacement of the border in the middle of the river stream – left bank – right
bankbank;;
• Mixed cases – the border is crossing the rivers and follows the course, incl.Mixed cases – the border is crossing the rivers and follows the course, incl.
to its estuary upon entering the rivers in the seato its estuary upon entering the rivers in the sea;;
• Status of the territories of the river basins and the role of state sovereignty.Status of the territories of the river basins and the role of state sovereignty.

15. II.3. Participation of Bulgaria in international agreements in the field ofII.3. Participation of Bulgaria in international agreements in the field of
water.water.
• Two Conventions in the Danube river basin ;Two Conventions in the Danube river basin ;
• Convention for the protection of the Black Sea – BSC;Convention for the protection of the Black Sea – BSC;
• Bilateral agreement with Romania for the implementation of the WFD;Bilateral agreement with Romania for the implementation of the WFD;
• Bilateral agreements with Turkey – Common Agreement for the cooperationBilateral agreements with Turkey – Common Agreement for the cooperation
in the field of the environment, ad hoc Agreement since 1993 for supplyingin the field of the environment, ad hoc Agreement since 1993 for supplying
of water against payment for the irrigation and the Joint declaration betweenof water against payment for the irrigation and the Joint declaration between
the ministries from 2012 for cooperation in water resources management.the ministries from 2012 for cooperation in water resources management.

16. III. Legal aspects and major challenges in trans-boundary waterIII. Legal aspects and major challenges in trans-boundary water
management between Bulgaria and Greece in the common Europeanmanagement between Bulgaria and Greece in the common European
legal framework and in accordance with bilateral agreements.legal framework and in accordance with bilateral agreements.
ІІІ.1.1ІІІ.1.1 Legal aspects of the WFDLegal aspects of the WFD
• Guiding principle of the EU directives in the of water – WFD,Guiding principle of the EU directives in the of water – WFD, FRMD, the Directive 271FRMD, the Directive 271
concerning urban waste water MSFD and others.concerning urban waste water MSFD and others.
• A major highlight is the introduction of basin water management and the set of activitiesA major highlight is the introduction of basin water management and the set of activities
for the preparation of management plans for the river basins.for the preparation of management plans for the river basins.
• The WFD requires an ecosystem approach and integrated water management;The WFD requires an ecosystem approach and integrated water management;
• In article. 3 and art. 13 of the WFD are provided principles for determining theIn article. 3 and art. 13 of the WFD are provided principles for determining the
transboundary bodies and principles for developing common plans for the managementtransboundary bodies and principles for developing common plans for the management
of international river basins and coordinating relevant RBMP where the river basins fromof international river basins and coordinating relevant RBMP where the river basins from
the relevant territories are within the international river basin district.the relevant territories are within the international river basin district.
• The purpose of these and other provisions of the WFD is to ensure common, equal andThe purpose of these and other provisions of the WFD is to ensure common, equal and
widespread implementation of the requirements of art. 4 of the WFD in settingwidespread implementation of the requirements of art. 4 of the WFD in setting
environmental objectives in the process of water management and the development ofenvironmental objectives in the process of water management and the development of
programs of measures in the RBMPs in every EU member-state.programs of measures in the RBMPs in every EU member-state.

17. ІІІ.1.2.ІІІ.1.2. Major challenges in the implementation of the WFDMajor challenges in the implementation of the WFD
- harmonization of the relevant national legal framework with Europeanharmonization of the relevant national legal framework with European
directives in the field of water management;directives in the field of water management;
- the level of introduction and implementation of the WFD and the daughterthe level of introduction and implementation of the WFD and the daughter
directivesdirectives in the relevant EU member-states;in the relevant EU member-states;
- coherence of the systems for water management and protection;coherence of the systems for water management and protection;
- comparability of the structure and the organization of the competentcomparability of the structure and the organization of the competent
institutions and the management of the water sector in the member states;institutions and the management of the water sector in the member states;
- the organization of the management of the water sector in neighboringthe organization of the management of the water sector in neighboring
countries, incl. the reached different stages and phases in the preparationcountries, incl. the reached different stages and phases in the preparation
and execution (implementation) of the first RBMPs resp. FRMPs;and execution (implementation) of the first RBMPs resp. FRMPs;
- legal aspects that have no explicit decision in WFD - examples from thelegal aspects that have no explicit decision in WFD - examples from the
practice....practice....

18. ІІІ.2.1ІІІ.2.1. Joint Declaration from 2010 for cooperation in the. Joint Declaration from 2010 for cooperation in the
field of water management in river basins shared betweenfield of water management in river basins shared between
Bulgaria and Greece. Basic points and development(fiveBulgaria and Greece. Basic points and development(five
principles).principles).
• Constant dialogue and cooperation between all levels of the administrationConstant dialogue and cooperation between all levels of the administration
of the Environment and Water;of the Environment and Water;
• Reciprocal and periodic exchange of information between the PartiesReciprocal and periodic exchange of information between the Parties
pursuant to thepursuant to the international legal framework;international legal framework;
• The bilateral cooperation will be coordinated pursuant to the nationalThe bilateral cooperation will be coordinated pursuant to the national
legislations and according to EU directiveslegislations and according to EU directives;;
• Cooperation aiming for protection of the water resources and sustainableCooperation aiming for protection of the water resources and sustainable
water management in the relevant territorieswater management in the relevant territories –– exchange of quantitative andexchange of quantitative and
qualitative data on watersqualitative data on waters;;
• Coordination ofCoordination of RBMPsRBMPs pursuantpursuant to theto the РДВ;РДВ;
• The Joint Declaration contains constructive and flexible approach towardsThe Joint Declaration contains constructive and flexible approach towards
all of the “hot” moments in the relations between the two countriesall of the “hot” moments in the relations between the two countries –– searchsearch
for understanding.for understanding.

19. ІІІ.2.2ІІІ.2.2. Joint Declaration from 2010 for cooperation in the. Joint Declaration from 2010 for cooperation in the
field of water management in river basins shared betweenfield of water management in river basins shared between
Bulgaria and Greece. DevelopmentBulgaria and Greece. Development
- meetings of expert working groups - 2011-2014;- meetings of expert working groups - 2011-2014;
-- preparationpreparation and implementation of rules and procedures for cooperative work;and implementation of rules and procedures for cooperative work;
-- targeted exchange of information and data;targeted exchange of information and data;
-- start of coordination in the processes of development and implementation ofstart of coordination in the processes of development and implementation of
RBMP in each of the countries;RBMP in each of the countries;
-- prior coordination of data and methods of workprior coordination of data and methods of work onon FRMPs;FRMPs;
- new principles in the dialogue and the working methods between the countries -- new principles in the dialogue and the working methods between the countries -
mutuality, reciprocity, common understanding of the aspects ofmutuality, reciprocity, common understanding of the aspects of TWMTWM warrantieswarranties
of mutuality of interests in the usage of the waters;of mutuality of interests in the usage of the waters;
-- development the exchange of information and the agenda of the working groupsdevelopment the exchange of information and the agenda of the working groups
from the general and institutional issues to thefrom the general and institutional issues to the specification in the expert levelsspecification in the expert levels
and coherence of the activities pursuant the general matrix of the WFD;and coherence of the activities pursuant the general matrix of the WFD;

20. • In the beginning ofIn the beginning of 2010 г.2010 г. in Bulgaria are established the first 6-yearin Bulgaria are established the first 6-year
RBMPs pursuant the requirements of WFD and Water ActRBMPs pursuant the requirements of WFD and Water Act..
• Bulgaria participates asBulgaria participates as a candidate-member anda candidate-member and then as a member of thethen as a member of the
EU in the mechanism and activitiesEU in the mechanism and activities ofof ICPDR for the preparation of the firstICPDR for the preparation of the first
management plan for the international river basin of the Danube and themanagement plan for the international river basin of the Danube and the
second cycle of evaluation and implementation of the Plan;second cycle of evaluation and implementation of the Plan;
• During 2010 Bulgaria has made the transposition of FRMDDuring 2010 Bulgaria has made the transposition of FRMD,, which set thewhich set the
beginning of thebeginning of the preparatorypreparatory activities and the firstactivities and the first FRMPs;FRMPs;
• In the preparation the countries have to keep the succession of the phasesIn the preparation the countries have to keep the succession of the phases
provided in the FRMDprovided in the FRMD –– evaluation of the flood risk, definition of the zonesevaluation of the flood risk, definition of the zones
with high flood risk, preparation of the first FRMPs as a part of the RBMPswith high flood risk, preparation of the first FRMPs as a part of the RBMPs
• In 2014 Greece is yetIn 2014 Greece is yet to finalize its first RBMPs;to finalize its first RBMPs;
• Bulgaria enters the II cycle of evaluation and implementation of river basinBulgaria enters the II cycle of evaluation and implementation of river basin
management plans in 2014;management plans in 2014;
III.2.3. Status of the preparation of RBMPsIII.2.3. Status of the preparation of RBMPs in Bulgaria andin Bulgaria and
GreeceGreece

21. Status in the preparation of RBMPs в in the EUStatus in the preparation of RBMPs в in the EU member statesmember states
(Updated 08/04/2014)(Updated 08/04/2014)

22. IV. Summary and conclusions about the issuesIV. Summary and conclusions about the issues
and legal aspects of transboundary waterand legal aspects of transboundary water
management from the experience of Bulgaria andmanagement from the experience of Bulgaria and
Greece.Greece.
IV.1 ConclusionsIV.1 Conclusions concerningconcerning the necessary principlesthe necessary principles, incorporation of, incorporation of
the objectives and the framework for successful development of thethe objectives and the framework for successful development of the
bilateral relations in transboundary water management.bilateral relations in transboundary water management.
- what are the- what are the obligatoryobligatory principles of any bilateral and multilateralprinciples of any bilateral and multilateral
cooperation in the field of waters;cooperation in the field of waters;
- principles in the building of the relations;- principles in the building of the relations;
- highlights and priorities in water management;- highlights and priorities in water management;
- what are the appropriate legal mechanisms for the development of the- what are the appropriate legal mechanisms for the development of the
relations and for avoiding the disputes;relations and for avoiding the disputes;
- how to create- how to create an incorporationan incorporation of the objectives and the priorities;of the objectives and the priorities;
- Steps of forming a common legal framework - international regulations and- Steps of forming a common legal framework - international regulations and
national legal framework;national legal framework;

23. ІV.2ІV.2. Factors for the development of the international legal. Factors for the development of the international legal
framework for trans-boundary water management.framework for trans-boundary water management.
- sharing practical experience from existing multilateral and bilater al- sharing practical experience from existing multilateral and bilater al
agreements - the results;agreements - the results;
- development of the- development of the theoretical and legal principlestheoretical and legal principles and guidelines in supportand guidelines in support
of the bilateral cooperation - analysis of the proper models;of the bilateral cooperation - analysis of the proper models;
-- a ecosystemical approach and priority of the environmental objectives anda ecosystemical approach and priority of the environmental objectives and
aspects of the development of the forms of transboundary wateraspects of the development of the forms of transboundary water
management;management;
- development and implementation of the European legal framework -- development and implementation of the European legal framework -
advanced model for upgrading -advanced model for upgrading - WFD, FRMD, MSFD;WFD, FRMD, MSFD;
- Modernization of the international agreements and conventions and the- Modernization of the international agreements and conventions and the
internationalinternational legal theory and practice, incl. Analysis and evaluation whetherlegal theory and practice, incl. Analysis and evaluation whether
they are necessary, when the basic principles of the European directivesthey are necessary, when the basic principles of the European directives inin
the water sector are followed.the water sector are followed.

24. AMENDMENTS TO THEAMENDMENTS TO THE
PRESENTATION:PRESENTATION:
• Proposal to the UN for adoption of newProposal to the UN for adoption of new
principles in Water Management and Humanprinciples in Water Management and Human
Rights to Water – Sofia March 2014Rights to Water – Sofia March 2014

25. Proposal to the UN for adoption of new principles in WaterProposal to the UN for adoption of new principles in Water
Management and Human Rights to Water – Sofia MarchManagement and Human Rights to Water – Sofia March
2014;2014;The guidelines about sustainability and the final outcomes of UN-Water document "A Post-2015 GlobalThe guidelines about sustainability and the final outcomes of UN-Water document "A Post-2015 Global
Water Goal" from January 27, 2014, were the basis for the national discussions in March 2014. The aims toWater Goal" from January 27, 2014, were the basis for the national discussions in March 2014. The aims to
achieve sustainability in the water sector have been reviewed in the light of Bulgaria's geographical locationachieve sustainability in the water sector have been reviewed in the light of Bulgaria's geographical location
and its EU membership.and its EU membership.
Experts and stakeholders unanimously supported the proposal that the United Nations should strengthen theExperts and stakeholders unanimously supported the proposal that the United Nations should strengthen the
following principles in relation to water, ensuring human rights in each country:following principles in relation to water, ensuring human rights in each country:
•The UN Charter to the Human Rights to be the base for the development of the International law,The UN Charter to the Human Rights to be the base for the development of the International law,
including the International law for the Waters;including the International law for the Waters;
•Globally the Water is a subject of strategic interests and they require adequate quantity and qualityGlobally the Water is a subject of strategic interests and they require adequate quantity and quality
of the water for the population and economy bearing the needs of the aquatic ecosystems;of the water for the population and economy bearing the needs of the aquatic ecosystems;
•Ownership of water should not be determined in the national legislation;Ownership of water should not be determined in the national legislation;
•Every State to exercise the sovereignty over the waters formed in its territory;Every State to exercise the sovereignty over the waters formed in its territory;
•Water resources use of transboundary rivers/basins to be based on the principles of solidarity andWater resources use of transboundary rivers/basins to be based on the principles of solidarity and
reciprocity.reciprocity.
•Measures should be taken so that the quality of these waters is not affected to a degree that wouldMeasures should be taken so that the quality of these waters is not affected to a degree that would
deprive the right to use in downstream or coastal countries;deprive the right to use in downstream or coastal countries;
•All bilateral and multilateral agreements which bind country/countries to provide a certain waterAll bilateral and multilateral agreements which bind country/countries to provide a certain water
amount to transboundary country/countries to be adequately changed or canceled.amount to transboundary country/countries to be adequately changed or canceled.
•River Basin Management Plans should become the main tool for ensuring the required amount ofRiver Basin Management Plans should become the main tool for ensuring the required amount of
water without the risk to human health and environment damages;water without the risk to human health and environment damages;
•Flood Risk Management Plans should become the main tool for minimizing the risk of flooding,Flood Risk Management Plans should become the main tool for minimizing the risk of flooding,
causing human casualties and economic losses. Each country should build early warning systems forcausing human casualties and economic losses. Each country should build early warning systems for
floods, as a primary measure minimizing the flood risk to the population and the economy for thefloods, as a primary measure minimizing the flood risk to the population and the economy for the
country itself, as well as for the transboundary countries.country itself, as well as for the transboundary countries.

26. Thank you!Thank you!