Annex – Third follow up of the Communication on water scarcity and droughts

Austrian answer to the questionnaire 2010

1.General information for water scarcity and droughts in yourMemberState

Austria in general is abundant of water. Only 3% of the freshwater resources are used.Water scarcity is no issue at all for Austria. This is a fact that can be underlined by the first River Basin Management Plan for Austria (NGP 2009)1 which assigns a good quantitative status to all groundwater bodies or groups of groundwater bodies. Droughts are occurring only occasionally, limited in time and extent. Due to this favourable situation water scarcity and droughts are none of our key water management issues identified.

Furthermore we are looking back on two rather wet years which were characterized by heavy rain fall, local floods and rising groundwater levels even in the usually drier eastern regions of Austria.

Due to the reasons lined out above (privileged situation) and according to your request not to report again what already has been reported last year we ask for kind understanding that not every point is answered in a very detailed way.

1 BMLFUW (2010): Nationaler Gewässerbewirtschaftungsplan 2009;

1.1Has the MemberState faced water scarcity and/or drought situations between

May 2009 and May 2010? (If you have the information, please detail their

severity and intensity, e.g. with data regarding the areas, population, ecosystemsand/or economic sectors affected.)

No, between May 2009 and May 2010 there was no drought situation in Austria.

On the contrary, even the usually drier regions in the eastern and south-eastern parts of Austria had to fight with local flash floods due to heavy rain falls and rising groundwater levels which are still combated by pumping activities in house-cellars.

A good indicator for wet years is also a high water level in the LakeNeusiedl, a steppe-lake in the Pannonian eastern part of Austria which is fed primarily by rain fall and the Wulka, a river with a rather limited catchment area. Due to the high water level in the recent past,measures to ensure enhanced outflows were necessary tolower the water level of the lake.

1.2Which measures have been taken to mitigate the effects of these situations?

No specific measures were necessary. See also answer to question 1.1.

1.3 Regarding the overall water allocation, is there a legal definition or prescriptionof environmental water reserves, streamflow regimes or similar? Are thosealtered in drought events?

Yes, provisions are in place.

§13 Austrian Federal Water Act

When determining the quantity of water use for the authorization the authority must take care of the needs of the applicants, especially of the amount and nature of existing water resources in view of the changing water level, on the groundwater and its renewal, as well as on an economical use of water (§13(1)).

The extent and nature of water use must not go so far that there is a danger for municipalities, towns or individual settlements when they have to avoid fire hazards. There must be enough water remaining. For other public purposes or for purposes of the domestic demand and economic demand of the inhabitants applies the same (§13(3)).

The level of water use has to be restricted in the authorization in the manner that a portion of each tributary to the preservation of the ecological status of waters and for other, higher-value uses, particularly those of the water supply is maintained.

Exceptions to this may be allowed temporarily so far a fundamental undermining of the public interest does not occur (§13(4)).

§30c Austrian Federal Water Act

In general, groundwater has to be protected to enhance and to be restored in such a way that a worsening of the status is prevented and that it is possible to reach good status not later than 22/12/2015.

The good status in groundwater is reached when the groundwaterbody is at least in a good quantitative status (§30c(1)) so that the long-term average annual withdrawals do not exceed the existing exploitable groundwater supply.

At the same time it should be noted that the water level is not subject to anthropogenic modifications so that ecological environmental objectives of surface waters can be achieved.

These general provisions are not altered in drought events (Austria has no problem concerning prolonged periods of water scarcity. Occasional drought events are limited in time and extent).

1.4What is your forecast regarding water scarcity and/or drought situations for the rest of the year 2010 and first half of 2011? How has this been established?

The quantitative components of the water-cycle (precipitation, discharge and groundwater) are constantly observed.

Forecasts do not indicate a drought situation for the first half of 2011.

1.5Have there been attempts made to integrate water scarcity and droughts intosectoral policies (agriculture, regional planning etc.)?

One chapter of the first River Basin Management Plan (RBMP) for Austria (NGP 2009) is dedicated to impacts of climate change to water management in Austria in which possible future challenges for public water supply and agriculture are addressed.

Against the background of intensifying discussions and the announcement in the first Austrian RBMP to proceed withmore studies, the Federal Ministry of Agriculture, Forestry and Water Management assigned a study on adaption strategies to climate change for water management in Austria where recommendations for different water relevant sectors were developed / suggested under consideration of the vulnerability of water resources.

First outcomes of this study were presented on a workshop in June 2010 and published together with several other presentations of other water relevant sectors in a brochure2.

Furthermore the outcome of the above mentioned study and potential following future studies will influence the programme measures of the second Austrian RBMP.

However, water scarcity and droughts are currently none and seem also to be in future none of our key water management issues in Austria, however some lines of actions in areas of particular vulnerability (soils with poor retention of water, mostly on crystalline bedrocks and limestone) may be envisaged in order to ensure water supply to small and in particular scattered settlements.

2 ÖWAV (2010): Auswirkungen des Klimawandels auf Hydrologie und Wasserwirtschaft in Österreich;

2.Indicative list of measures (included in the Communication on water scarcity and droughts) to be implemented at national level

2.1Has the Member State established by 2010 water tariffs based on a consistent economic assessment with adequate incentives to use water resourcesefficiently and adequate contribution of the different water uses to therecovery of the costs of water services (as per Art 9 of the Water FrameworkDirective)?

Article 9 WFD was implemented into Austrian law by §55e(1)Z1 Austrian Federal Water Act of 1959. In order to realize the goals of the WFD it stipulates that the programmes of measures must contain specification about adequate incentives for users to use water resources efficiently and about an adequate contribution of the different water uses taking account of the principle of recovery of the costs of water services. Therefore, these aspects are part of the measure programmes which were settled in the National Water Management Plan 2009 (NGP 2009).

However, in Austrian law there are already provisions in place which determine charges. With reference to water services such as water supply and public wastewater disposal charges are levied on the end user on a local level. Here, the quantities of water abstraction and the nature and extent of the polluted waste water are considered.

2.2Has the MemberState undertaken, by 2010, enhanced efforts to spreadmetering programmes more widely and to introduce compulsory controls onabstractions (Art. 11(3)(e) WFD)?

No changes to report since last year’s comment.

2.3Has there been a more stringent implementation of the Directive on StrategicEnvironmental Assessment (SEA) Directive (strengthening of nationalprocedures)?

The SEA Directive was implemented adequately into national legislation in Austria.

Provisions of the directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment (SEA) have found their way into §55i and §55j Austrian Federal Water Act of 1959. There the participation of the general public as described in article 6 and the following articles of the Directive 2001/42/EC is implemented as well as article 5 (environmental report) and article 7 (transboundary consultations) of the directive. Moreover, Annex 1 is taken into §55i(5) Austrian Federal Water Act in order to state the contents of the environmental report more precisely and Annex 2 is transferred into §55j(4) Austrian Federal Water Act to make clear the criteria for determining the likely significance of effects referred to in article 3(5) of the directive.

According to article 3(2)(a)SEA an environmental assessment has to be carried out for plans and programmes which are prepared for water management and which set the framework for future development consent of projects listed in Annexes I and II to Directive 85/337/EEC. Thus it is compulsory that for the river basin management plan an environmental assessment is carried out. According to the provisions of the Directive 2001/42/EC and to the provisions of the Directive 2000/60/EC (WFD) such an environmental assessment was carried out 2009 in order to follow the provisions especially of the water framework directive that states in article 14(1)c that draft copies of the river basin management plan shall be published and made available for comments to the public at least one year before the beginning of the period to which the plan refers. This provision concerning the time planning can be found in §55c(4) as well as in §55i(4) Austrian Federal Water Act. The draft copies were finally drawn up in April 2009. According to the provisions of the above-mentioned directives the public had the possibility to make comments on the draft copies until October 2009.

The public participation process for the first River Basin Management Plan under the WFDas well as the efforts made under the SEA Directive may be seen as a duplication of efforts. The added value – also seen in the numberof responses received to the SEA Directive – was seen to be questionable.

2.4Has the MemberState assessed the interlinkages between biofuel developments and water availability?

No changes to report on impacts of biofuel on water availability since last year’s comment.

However, our concerns of potential impacts of biofuelsonthe effectiveness of conventional oil separators,which suffer due to differences in the composition of biofuels compared to fossil fuels, seem to be reasonable. A working group of the Austrian Water and Waste Association (ÖWAV) together with experts from the Federal Ministry for Agriculture, Forestry, Environment and Water Management (BMLFUW) amended an existing guidance document on fossil fuel separators to tackle the upcoming challenges. The revised ÖWAV guidance document on oil separators was already published ( shall be presented in a workshop in October 2010.

2.5Have the river basins which face quasi-permanent or permanent water stress orscarcity been identified?

No. According to the first River Basin Management Planfor Austria(NGP 2009) all groundwater bodies or groups of groundwater bodies are in a good quantitative status.

No changes to report since last year’s comment.

2.6For those river basins identified, have appropriate regulations been set up torestore a sustainable balance (e.g. voluntary schemes, compulsory measures)?

No changes to report since last year’s comment.

See also answer to question 2.5 and general comment under item 1.

2.7Regarding improved uptake and efficient use of EU and national funds toimprove water demand management (e.g. measures of adaptation, sustainablepractices, more water savings, monitoring systems, adapted risk managementtools), which specific funds (either EU or national) has the Member State usedto this end?

No changes to report since last year’s comment.

2.8What fiscal incentives for the promotion of water efficient devices andpractices have been developed?

No changes to report since last year’s comment.

2.9Have specific drought management plans to supplement WFD river basinmanagement plans been set up?

No, specific drought management plans to supplement WFD river basin management plans are not foreseen as water scarcity and droughts are no key water management issues in Austria.

However, aspects on droughts are dealt with within chapter 9 devoted to impacts of climate change on water management in the first Austrian River Basin Management Plan.

See also general remark under item 1.

2.10a) Has any additional water supply infrastructure been built?

b) If yes, have you ensured that all adverse effects linked to any additionalwater supply infrastructure are fully taken into account in the environmentalassessment?

No changes to report since last year’s comment.

2.11Have standards/legislation for water-using devices been developed?

No changes to report since last year’s comment.

2.12Have standards/legislation for water performance of buildings beendeveloped?

No changes to report since last year’s comment.

2.13Have you undertaken measures to reduce the level of leakage in waternetworks (such as adoption of binding performances for public and privatenetworks, with systems of fines for excessive leakages, or standards for newbuildings)?

No changes to report since last year’s comment.

It can be added that the already low level of leakages is ensured by periodical maintenance works. Investments in re-buildings of old water supply networks and maintenance are supported by the Environmental Support Act (Umweltförderungsgesetz, UFG) since 1993.

A guideline of the Austrian Association for Gas and Water (ÖVGW) according to detection, quantification of and reduction measures for leakages in drinking water supply systems including a tablet for calculation was recently updated3. Furthermore a new ÖVGW publication (W 105) for indicators on damage statistics of drinking water supply systems will be finished soon.

3ÖVGW guideline W 63 (2009):

2.14Have you developed voluntary agreements with all economic sectors that needwater (builders, building managers, manufacturers, tourism professionals,farmers, local authorities) to develop more water friendly products, buildings,networks and practices?

No changes to report since last year’s comment.

2.15Have rules relating to water management been included in existing and futurequality and certification schemes?

If yes, what certification schemes have they been included in?

No changes to report since last year’s comment.

2.16Has the MemberState developed educational programmes, advisory services,exchanges of best practices and large targeted campaigns of communicationfocused on water quantity issues?

As of its over all approach the recently published first Austrian River Basin Management Plan (NGP 2009) covers next to water quality also water quantity issues. All Austrian citizens can inform themselves via wisa.lebensministerium.at or

As already explained in our general remarks under item 1 water quantity is no major challenge in Austria due to the abundance of water. However, wise and sustainable use of water resources is promoted by the Federal Ministry especially to our young citizens by the communication platform “Generation Blue” (

2.17Have you enhanced research and technological activities in the area of waterscarcity and droughts?

Yes, impacts on water management tasks during the drought situation in the summer of 2003 were analyzed. A current study on adaption strategies to climate change for water management in Austria recommends deducing experiences from this year with a view to short-time local shortages in water supply and to develop measures for better redundancy and supply guarantee.

2.18-

2.19Is there a legally established authorisation procedure(s) for water abstraction,in particular for agriculture (to be considered for the application of the cross complianceregulation)? Are there any measures in place to address nonauthorized water abstractions in agriculture?

The Austrian Federal Water Act 1959, which is the basic water legislation in Austria,enshrines severalprovisions for water abstraction including abstractions for agricultural use, e.g.:

The land owner does not need an authorization from the water authority to use the groundwater for household needs and the necessary economic needs, if the abstraction is only by hand-operated pumping stations or if the withdrawal is proportional in relation to his own land.

In all other cases of use of ground water and interventions in the ground water regimea permit of the water authority is required (§10).

If a permit is exceeded or when activities are performed without authorization the polluter/water user needs to remediate the damagewhen it is required by public interest. This is a obligation for the authorityto intervene (§138).

Water authorities are responsible for compliance checks of water using facilities (§130).

§137 contains penal provisions for those who violate the provisions of theAustrian Federal Water Act. These penal provisions also have a preventive effect.

§66(3) provides the opportunity, in the case of obvious waste of water by soil irrigation, to reduce the quantity of water use by the water authority.

2.20Has the MemberState undertaken measures related specifically to adaptation to climate change (e.g. mobilization of non-conventional water resources,including specific legislation on water qualities (e.g. for water re-use) orregarding their technical or economic viability)?

The first River Basin Management Plan (RBMP) of Austria (NGP 2009) enshrines a chapter related to adaption to climate change where fields of future action are already drawn up. The outcome of a current study on adaption strategies to climate change for water management in Austriaand potential following future studies may influence the programme of measures of the second Austrian RBMP.

2.21Have measures such as increased flexibility of water rights or shifting/sellingof water to/among water users (water markets) significantly affected by waterscarcity and/or drought been implemented by the Member State?

In the absence of major problems with water scarcity and droughts in Austria and because even the first Austrian RBMP, which is the legal frame for water management in the next future, does not enshrine measures according to this issue, no further provision beyond the already in the Austrian Federal Water Act 1959 existing ones are foreseen.

2.22Have any other measures been used by the MemberState to address waterscarcity and/or drought challenges?

No changes to report since last year’s comment.

See also general remark above.

Annex - Questionnaire on WS_D 2010 - AT answer 1/1106.09.2010