Skip to main content Skip to page footer

Convergence with the Water Framework Directive in the Context of the European Neighbourhood Policy

Claire Dupont and Gretta Goldenman

elni Review 2010, Issue 2,  pp. 71-77. https://doi.org/10.46850/elni.2010.010

In its 2010 Communication on the European Neighbourhood Policy, the European Commission stressed that “[m]any partners are showing a growing interest in EU experience, and are today increasingly willing to converge with EU environment directives. Regulatory convergence should continue to be at the core of the European Neighbourhood Policy (ENP) as well as cooperation on environmental governance.” This statement reflects the importance accorded the process of convergence within the framework of the relations of the EU with its neighbours. The term “convergence” refers to the process by which a third country aligns its legislation with EU requirements. This terminology has developed to distinguish it from the approximation process to which the candidate countries – i.e., the countries that have been accepted by the EU as on track for future EU membership – are subject.
This paper looks at the differences between both processes, taking the EU water legislation as an example. After a description of the historical background, it focuses on what is meant by convergence with the EU legislation. It considers key elements and challenges and analyses how tools developed throughout the years can support the process. Then it draws on the authors’ own experiences in Georgia and Moldova to draw lessons learnt and to make suggestions with a view to improving the convergence process.

Access full article

References

  1. European Commission, 2010, Communication from the Commission to the European Parliament and the Council of 12 May 2010 Taking stock of the European Neighbourhood Policy, Brussels, 12.5.2010, COM(2010) 207 final.
  2. European Commission (1990) The Development of the Community's Relations with the Countries of Central and Eastern Europe. COM(90) 717 final.
  3. Commission of the European Communities, 2007, Communication from the Commission, ‘A Strong European Neighbourhood Policy’, COM(2007) 774 final.
  4. Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC - Statement by the Commission, OJ 2003 L 156/17.
  5. Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, OJ 1985 L 175/40.
  6. Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, OJ 1997 L 73/5.
  7. Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control, OJ 1996 L 257/26.
  8. Congress report on ELNI-VMR-VVOR-congress 2010: "Talking about the environmental effects of industrial installations the European Directive on Industrial Emissions (IED/ current IPPC Directive)" report, elni Review 2/2010, p. 91.
  9. Treaty establishing Energy Community, 2005.
  10. Procedural Act No 2008/01/MC-EnC of 27 June 2008 on the Rules of Procedure for Dispute Settlement under the Treaty.
  11. Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ 2000 L 327/1.
  12. Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (Text with EEA relevance), OJ 2008 L 164/19.
  13. Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (Text with EEA relevance), OJ 2007 L 288/27.
  14. Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC, OJ 2006 L 64/37.
  15. Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment, OJ 1991 L 135/40.
  16. Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration, OJ 2006 L 372/19.
  17. Decision No 2455/2001/EC of the European Parliament and of the Council of 20 November 2001 establishing the list of priority substances in the field of water policy and amending Directive 2000/60/EC (Text with EEA relevance), OJ 2001 L 331/1.
  18. Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council, OJ 2008 L 348/84.
  19. Council Directive 82/176/EEC of 22 March 1982 on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry, OJ 1982 L 81/29.
  20. Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges, OJ 1983 L 291/1.
  21. Council Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives for mercury discharges by sectors other than the chlor-alkali electrolysis industry, OJ 1984 L 74/49.
  22. 84/419/EEC: Commission Decision of 19 July 1984 laying down the criteria for entering cattle in herd-books, OJ 1984 L 237/11.
  23. Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC, OJ 1986 L 181/16.
  24. Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, OJ 1991 L 375/1.
  25. Green Alternative. Environmental Governance in Georgia and How Can the EU Contribute to its Strengthening (Tbilisi, 2006).
  26. “Concept for New Framework Water Law of Georgia” (ECBSea project document, 2009).
  27. Water Governance in the Western EECCA Countries, Final Project Report to EuropeAid, 2010.
  28. ECBSea Project Final Report to EuropAid, 2009.