Europe - UNEP

4.3.1 Exchange of Data and
Information
An obligation for countries to exchange data and
information relating to the conditions and use of
transboundary waters is evident in many legal
agreements throughout Europe. Under Article 13
of the 1992 Helsinki Convention riparian parties
must exchange reasonable available data on
matters including:
• national regulations
• environmental conditions of
transboundary waters
• experience gained in the application
and operation of best available
technology
• results of research and development
• emission and monitoring data
• measures taken and planned to be
taken to prevent, control and reduce
transboundary impact
• permits or regulations for wastewater
discharges issued by the competent
authority or appropriate body.
The EU WFD also contains a number of
provisions relating to the exchange of data and
information between member countries. In
particular, under Article 15 of this directive,
member countries must send copies of their river
management plans—as well as subsequent
updates and linked drought and flood
management plans—to the European
Commission and any other member countries
concerned. This is an obligation both on national
and international river basin districts. Furthermore,
the River Basin Management plan that should be
published by 2009 will include a general
description of the river basin district, a summary
of the pressures and impacts of human activity on
the status of waters in the basin, a map of
monitoring networks, an economic analysis of
water use, a programme of measures adopted in
order to comply with EU water law and policy,
and a summary the measures taken for public
information and consultation. At the bilateral
level, Article 5 of the 1998 Luso-Spanish
Convention requires countries to “proceed, on a
regular and systematic basis … to the exchange
of available information on matters governed by
the convention and on data and records
pertaining to them.” Relevant information
includes matters relating to the management of
the waters of river basins and activities that may
cause transboundary impacts. As this convention
requires the parties to exchange such information
through a bi-lateral commission, it illustrates an
important coordinating role that can be
undertaken by joint commissions.
A similar role is adopted by a different
commission established under the auspices of the
1994 Meuse Agreement among riparian
countries in this sub-basin of the Rhine. Among
the tasks of the commission is the obligation to
define, collect, and evaluate data, as well as
exchange information that each party must
provide about its respective territory; this serves to
identify sources of pollution that may have
significant impact on the quality of the Meuse.
The commission must also exchange information
about the policies of the contracting parties in the
field of water management, projects that are
subject to impact assessment, best available
technologies, and national and regional alert
networks. Similarly, pursuant to the 2002 Russia-
Belarus Agreement, contracting parties must
regularly exchange information on the state of
transboundary water resources and the sources of
their pollution.
A number of agreements relating to
transboundary waters require that information be
exchanged when an imminent threat to
transboundary waters exists. For example, the
1992 Helsinki Convention requires riparian
parties to, without delay, “inform each other
about any critical situation that may have
transboundary impact.” In addition, riparian
parties are obligated to set up, where
appropriate, coordinated or joint warning and
alarm systems. For instance, in the 2002 Russia-
Belarus Agreement the parties agreed to create
joint systems for communications, notifications,
and signaling of emergency situations, and
cooperate in the early assessment and
forecasting of such situations. Such an approach
is adopted in a large number of other European
countries with transboundary water, particularly in
transboundary areas that are prone to flooding
50 — Hydropolitical Vulnerability and Resilience along International Waters: Europe