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1 Chapter 10: Creating the Institutional Background to Support The Chapter 10: Creating the Institutional Background to Support the Implementation of the Policy Manual. 1Koundouri, P., 2Papandreou, N., 1Stithou, M., 1Dávila, O.G., 1Athens University of Economics and Business, GREECE 2Andreas G. Papandreou Foundation, GREECE Abstract Following Water Framework Directive’s (WFD) implementation a national water policy that provides the institutional background to achieve the goals of the suggested policy is required. Chapter 10 emphasises on the issues of water policy that should be addressed and provides reform options that could lead to the sustainable use of water resources. Efficient use of water is an important issue in Europe; however poor governance seems to hinder effectiveness of the designed policies. After a review of the Greek experience with water reforms, the “state oriented” regime in Greece is presented along with the legislative frame and institutions that it entails. Then institutional improvements are discussed. In particular, the institutional reforms move away from water policies that favour fragmentation and lack of coordination among the involved actors in the decision making process. These reforms also embrace and promote the growing concerns on environmental aspects and “sustainable” water management suggesting integrated approaches. In the suggested framework of action the transfer of competencies from the state to the utility and to other actors, induced by the WFD, makes more imperative the existence and enforcement of a legislative and administrative framework that could accelerate the co-operation among the involved parties. The chapter closes with commenting on how the 1 case of Asopos is related to the other Greek basins that are at risk of failing to meet WFD’s obligations. Keywords Water Framework Directive, Water policy, Sustainable water management, Water legislative and administrative framework, Institutional reforms 1. Introduction As it was also highlighted in Chapters 3 and 4 in Greece the provision of water supply and sewerage is treated as a public service. Greece updated its water management framework with the 3199/03 Law. By the 1980s, the policies adopted by Greece on water resource protection mainly dealt with aspects of public health protection, while before the 3199/03 Law was put into force the legislative framework of the country included Law 1739/1987 on Water Resources Management and the Environmental Protection Law 1650/1986. The 1987 Law established the institutional framework for the management of water resources in Greece and it was the first law defining principles for more intersectoral and coherent water management. In particular, water scarcity was recognized as an issue of national significance, public domain was enlarged with the introductions of water permits for water abstractions and for water works putting water management on the hands of the State and water use under public control. Other changes that this Law brought were that it promoted water policy planning by adopting a river basin management approach, some stakeholder participation as well as the protection of the aquatic environment from water over-use (Kampa, 2007). 2 However, despite the innovative and integrated approach its complexity made its full implementation difficult. In addition, water quantity and water quality issues were treated separately by different laws and authorities (Kampa, 2007), while the law was also criticized for not including adequately the principle of water resource protection from an environmental perspective (Terzis, 1997). Thus, the national water regime in this phase remained in reality complex and fragmented and undermined by a non-supportive institutional context. As highlighted in Kampa (2007): “The centralization of the Greek politico-administrative system combined with the lack of resources of the administration and the top-down style of the integration attempt hindered the set-up of a coordinated balanced network of central and decentralized water management authorities. Integration was also hindered by integration unfavorable dominant values and perceptions in the water sector, such as the absence of cooperative water policy style and intersectoral planning, the fragmented understanding of water problems by different sectors and the low societal awareness of the environmental dimension of water resources.” (p.115). As a result in order for the measures presented in Chapter 9 and other previous chapters to be effective, the above policy pitfalls of water governance model need to be addressed. The following section presents the current legislative frame and involved institutions. 2. The legislative frame and institutions 3 As far as the Greek legislation for the management and protection of water resources is concerned, it is noted that it is mainly based on the European legislation since until 2000 there was not a well defined integrated water resources policy. According to the Law 3199 of 2003 which incorporates the WFD (CEC, 2000) the need for the National Council of Water Resources has emerged in order to implement a national water policy. The recently established (in 2010) Council is responsible for the planning of policy for the management and protection of country’s water resources. It also monitors and controls the implementation of the planned water policy and approves the national programs for the protection and management of the water resources of the country. Furthermore, the National Water Committee under the suggestions of the Minister of Environment, Energy and Climate Change, is responsible for the formulation of the government’s policy and also for the submission of an Annual Report to the European Parliament which includes the country’s aquatic environment status, the implementation of legislation for the water protection and management and its conventionality with the European Framework. Within the framework of the voted by the Greek Parliament Law (3199/2003) a Special Secretariat within the Ministry of Environment Energy and Climate Change was established. “The Special Secretariat for Water is responsible for the development and implementation of all programs related to the protection and management of the water resources of Greece and the coordination of all competent authorities dealing with the aquatic environment. The 4 implementation of the Water Framework and the Marine Strategy Directives as well of the related daughter Directives fall within the scope of the activities of the Secretariat. The Secretariat, in collaboration with the Regional Water Authorities, formulates and, upon approval by the National Council for Water, implements the River Basin Management Plans and the national monitoring program. The Secretariat is composed of four Directorates and is headed by a Special Secretary, appointed by the Ministry of Environment, Energy and Climate Change and the Government.”1 The following figure presents the authorities and organizations relevant to water supply, management, control and authorisation in Greece. 1 http://www.ypeka.gr/Default.aspx?tabid=246&language=el-GR 5 Figure 1: Administrative schemes-bodies of Water Management in Greece (Source: MED Programme 2007-2013, http://www.waterincore.eu/deliverables/03_02_01_en.pdf) The Central Water Directorate acts on a technical level and in particular it2: 1. Develops national programs to protect and manage the water resources and inspects their implementation; 2. Coordinates Services and National Bodies and participates in Competence Community Institutes, on water management and protection issues; 3. Recommends water pricing policies 4. Recommends legislative and administrative measures for water management and protection 5. Observes water quality and quantity in national level 6. Manages meteorological and hydrological database and information 7. Observes all Regional Water Directorates 8. Prepares a detailed report of river basins characteristics, impacts of human activities, economic analysis of water use 9. Sets up protected areas national register At the regional level the Regional Water Directorate specializes and applies long- and intermediate-term protection and management programs of rivers basins, evaluates Management Plans and Measure Programs for the water basins. Also is in charge of formatting register of protected areas and cares for the substantial participation of the public. It implements Monitoring programmes of the qualitative and quantitative parameters of the water and applies programmes 2 http://www.waterincore.eu/deliverables/03_02_01_en.pdf 6 of measures on protection from pollution and restoration of water and specializes in the national pricing policy and political costing of the water usages. The Regional Water Board gives consultative response before the approval of the Management Plan and expresses its opinion on every water protection and management topic that is submitted by the General Secretary of the Region and finally Publishes Management Plans, in order the public to be informed on its content and participate in the public consultation. All other institutes (Greek Marine Research Centre-Institute of Inland Waters Greek Biotope/Wetland Centre, Hellenic National Meteorological Service Institute of Geology and Mineral Exploitation, National Agricultural Research Foundation) are related with research activities and collaborate in water management with the national and regional bodies. At local level the Regional Units of the new administrative divisions of Regions (Kallikratis Law 3852/2010), have an Authorization,
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