51996AC1384

Opinion of the Economic and Social Committee on the 'Proposal for a Council Decision on the conclusion, on behalf of the Community, of the Convention on cooperation for the protection and sustainable use of the Danube` (97/C 66/01)

On 2 August 1996 the Council decided to consult the Economic and Social Committee, under Article 130s of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Protection of the Environment, Public Health and Consumer Affairs, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 8 November 1996. The rapporteur was Mr Strasser.

At its 340th Plenary Session (meeting of 27 November 1996) the Committee adopted, by 94 votes to four, with two abstentions, the following opinion.

1. Introduction

1.1. At the CSCE environment conference (1989) the countries through which the Danube flows agreed to replace the 1985 Bucharest 'Danube Declaration` by a more effective and more binding regulatory instrument or to expand its regulatory content significantly. Austria played a leading part in this initiative and carried out important preliminary work for the negotiations (opened 1992, concluded March 1994) on the Danube Protection Convention. There are currently twelve parties to the convention (including the EU), six of which have already ratified it.

1.2. The convention marks a vital step forward in international environmental law. It was drawn up immediately after the conclusion of the ECE Convention on the protection and use of transboundary watercourses and its main points are based on that framework convention. It also meets the requirements set out by the ESC in its Opinion on the Commission communication to the Council and European Parliament on European Community water policy ().

1.3. The Danube Protection Convention lays down detailed rules for an up-to-date water protection system. These rules are to be applied by the contracting parties themselves and - in line with international cooperation on other European river systems (e.g. Rhine and Elbe, or the bilateral agreement between Spain and Portugal on the Duero River) - by an 'International Danube Commission`.

1.4. The main areas regulated by the convention are:

- preventing, combating and reducing transboundary pollution;

- introduction of programmes to monitor the state of the river;

- adherence to the criteria of sustainable water management, i.e. environmentally sound development, especially in respect of the quality of life, conservation of resources, protection of eco-systems and prevention of environmental damage;

- cooperation on R& D into effective procedures for preventing, combating and reducing transboundary pollution;

- bilateral and multilateral cooperation on the basis of equal rights and reciprocity, above all by setting up joint bodies, without prejudice to existing conventions or agreements;

- obligation to inform the public about the state of the river.

The convention also includes an exchange of information between the contracting parties and an obligation to report immediately on any critical situation (setting up of warning and alarm systems). It may be expected that the specific provisions of the convention will lead the eastern European countries through which the Danube passes to align their future national legislation in the interests of a modern system of water protection.

1.5. Since the signing of the convention in June 1994, considerable progress has already been made on its interim implementation, on the basis of a ministerial declaration, and especially on the administrative and organizational groundwork. The International Commission has already drawn up its rules of procedure in accordance with the statute laid down in the convention.

2. Comments

2.1. The Committee shares the Commission's view that the rapid entry into force of the convention is highly desirable and therefore advocates speedy ratification by the EU. The convention is very important for external relations, economic and environmental policy. It is a major contribution to the process of European integration and will help to develop a sustainable economy and to protect natural and ecological resources in the Danube basin.

3. Additional comments

3.1. The Committee would point out that the accelerating deterioration of water quality in the lower reaches and estuary of the Danube is a particularly serious problem. One of the main reasons is that untreated waste water is often discharged into the Danube. The construction of purification plants will be a key element in tackling the worst of these unresolved problems. The 1991 international Danube environmental programme has an important part to play here.

3.2. In 1994, with the EU's support, a strategic action plan was drawn up to underpin the implementation of the convention. The Global Environment Facility (GEF), the World Bank and the European Bank for Reconstruction and Development have an important part to play in financing the necessary measures, alongside the EU's Phare programme.

3.3. To bring about a major improvement in the Danube as soon as possible, the Committee considers that optimum use should be made of existing aid instruments, and if necessary new instruments should be created, to finance specific water purification plants. Appropriate additional EU participation would be desirable. Here it should be borne in mind that six of the countries through which the Danube flows are seeking EU membership.

3.4. The Committee considers that the international Danube environment programme should be integrated into the convention as speedily as possible.

Brussels, 27 November 1996.

The President of the Economic and Social Committee

Tom JENKINS

() CES 1069/96, 25. 9. 1996.