Government of the Republic of Moldova
United Nations Development Programme
Support for Convergence with EU Water Quality Standards in Moldova
SIGNATURE PAGE
Country: Republic of Moldova
UNDAF Outcome(s)/Indicator(s):______
(Link to UNDAF outcome., If no UNDAF, leave blank)
Expected Outcome(s)/Indicator (s):
Improved capacity for environmental management as part of good governance for
(MYFF Service Line 3.1. )
(Those that are linked to the project, are extracted from the CP
and are linked to the SRF/MYFF goal and service line)
Expected Output(s)/Indicator(s):
A new Surface Water Quality Standards System in place to consolidate the decision-making process and strengthen the environmental management towards achieving a better quality of surface water resources
(Those that are linked to the project, are extracted from the CP
and are linked to the SRF/MYFF goal and service line)
Implementing partner: Ministry of Ecology and Natural Resources
(designated institution)
Other Partners: Water Management Concern “Apele Moldovei”
Civil Society
REC Moldova
Donor Community (OECD, DEFRA)
(formerly implementing agencies )
Agreed by (Government): ____________
Agreed by (Executing Agency):________
Agreed by (UNDP):____________
Section I—Elaboration of the Narrative
Part I. Situation Analysis
The system of surface water quality standards (SWQS)currently used in Moldova, could be characterized as comprehensive and ambitious. Derived from the old Soviet system of environmental standards, it has been revised during the period of the creation of the national environmental legal framework but since no major changes occurred in its conceptual approach the current system can not provide adequate support to efforts towards an improved quality of environment.Covering hundreds of pollutants and mandating very low concentrations of contaminants the system attests a gap between the public healthand environmental goals, that these standards represent, and the quality of water bodiesobserved in practice. The principal weaknesses of the current SWQS system include[1]:
- The principle of zero risk to human health, leading to extremely strict ambient standards that ultimately, through permitting of wastewater discharges, imposes technically and economically unrealistic requirements on polluters.
- Inadequate regulation of contaminants: an excessively large number of regulated pollutants at very low ambient concentrations leads to unrealistic monitoring and enforcement requirements on regulatory agencies, as well as non-official simplification of compliance procedures without clear feed-back evaluation of such actions.
- Lack of a comprehensive approach to water quality management. The SWQS system is not used effectively as an environmental quality evaluation, planning and management tool. There is insufficient coordination between the agencies involved in water resources protection and management.
- A simplistic and uniformly applied system of classification of water bodies:all water bodies are classified as fisheryuse waters and are subject to inappropriately stringent requirements; equally, the uniformity imposes requirements that may not be sufficiently or vise versa over-protective in certain areas or be unnecessary in others.
The analysis of mentioned above weaknesses proofs that the current SWQS is not an adequate policy and regulatory instrumentstimulatingenvironmental mainstreaming into sectoral policies and strategies, ensuring progressive improvement of environmental quality and guarantying that water polluters afford thecompliance with the system. The system does not stimulate innovative and efficient approaches in responding to economic challenges, adoption of water/wastewater infrastructures and sanitation technologies for low-cost options and respectively does not contribute to promotion of pro-poor policies and achievement ofdevelopment goals of the country.
Important efforts have been made during the last fifteen years to review the environmental legislation and to create a supportive framework for the preservation of natural resources and environmental management in Moldova.The protection of water resources is one of the key priorities established in the “Concept of the Environmental Policy of the Republic of Moldova,” which calls for the “revision of existing laws and regulations, convergence with European norms, and adjustment or elaboration of necessary mechanisms for their implementation.”[2] This orientation was built on the commitment expressed in the country’s Concept of European Integration (based on the Partnership and Cooperation Agreement signed between the EU and Moldova in 1998).Consequently, the “EU-Moldova Action Plan”, approved in 2005, foreseesfurther approximation of national legislation and management frameworks with European Union’slegal norms and standards, including the water resources sector[3]. The Concept of Water Resource Management Policy, adopted in 2003, calls for Integrated Water Resource Management (IWRM) by applying watersheds approach and stakeholders involvement as well as stipulates the needs for realistic water protection targets and management options. Moldova is party to the Danube River Protection Convention (1994) and a subsequent inter-governmental agreement was signed with neighboring Romaniaand Ukraine.These commitments give an additional impetus to Moldova’s convergence with the EU environmental norms, which were recently adopted by Romaniaand declaredas priority inUkraine.Improvement of water quality management in Moldova is also highly importantin line with the national targets under the Millennium Development Goals, the Strategy for Poverty Reduction and Economic Grown and the programme “Moldovan village”, as all documents contain objectives related to water management, upgraded sanitation technologies,improved water supply and increasedaccess to quality water sources.
Respectively, as contribution to expressed commitment, efforts have been undertaken in Moldova over the last five years to supportconvergence with EU environmental legislation in general and in the water sector in particular:
- The Tacis project “Development of Common Environmental Policies in the NIS and Mongolia” (1998-1999) conducted a gap analysis of Moldova’s environmental legislation in the field of water management vis-à-vis the EU norms.
- REC Moldova implemented a DG Environment-funded project “Preparatory Work of the Republic of Moldova on Approximation of the Environmental Legislation in the Field of IPPC and Waste Management” (2000-2001). The project performed a detailed legislative gap analysis and drafted an EU convergence strategy for the Ministry of Ecology and Natural Resources and other relevant ministries.
- The Moldova component of the DG Environment project “Environmental Approximation in the Western NIS” (2000-2002) focused on convergence with the IPPC Directive andemphasized the need to reform environmental quality standards as a prerequisite for successful reforms in the sector.
- The Moldovacomponentof the Tacis project “Support for the Implementation of Environmental Policies and NEAPs in the NIS” (2002-2003) focused particularly on reforming the country’s system of water quality regulation in line with the EU framework and standards. The project proposed an EU-modeled, use-based surface water quality classification scheme for Moldova and discussed legal and institutional issues of reforming the SWQS system, setting the targets for further work.
While the above mentioned projects provided a good background for further actions towards convergence with the EU water quality standards inMoldova, the biggest challenges in proceeding with the concrete reform steps are still in theinsufficient cooperation among main stakeholders forcoordinated actions towards implementation of recommended actions,low experience in undertaking fundamental changes of environmental management practices, lack of experience in setting uppractical tools under IWRM initiative and limited capacitydue to under-staffing of environmental and water management authorities.
The new SWQS system, planned to be developed through the current project, is a complex task by nature.Obviously the implementation of a new SQWS system will influence a wide range of significant development issues and approaches at national scale like revision of environmental policy, water resources protection/use strategies, strategy for poverty reduction and economic growth, monitoring and supervision systems, environmental taxes and fines etc. and will involve different actors (governmental and public agencies, wastewater treatment designers, research institutions, environmental law enforcement bodies, private sector and economic agents, general public). The expected benefits as well as complications have to be addressed as a separate issue, which will determine corresponding measures for efficient application of new water quality standards in Moldova.
Currently there are two national authorities involved in water resources management – the Ministry of Ecology and Natural Resources and the Water Management Concern “Apele Moldovei”. The Ministry of Ecology and Natural Resources is responsible for the formulation of environmental policiesand supervision of their implementation, protection of water resources in general and observance of environmental standards. Its subdivisions, the Ecological Inspectorate and Hydrometeorological Service, are in charge of issuance of the permissions for wastewater discharge and control point-sourcespollution, impact assessment and background monitoring of surface water quality.
The Water Management Concern “Apele Moldovei” is responsible for quantitative aspects of water resources management. The main tasks of this institution are: designation of water bodies for different water-use purposes, issuance of water use permissions, administration of water use and waste water statistics, regulation of water flow, including discharges from the major river dams, protection from floods and water distribution between different water users etc..
Apart from that, the Ministry of Health and Social Protection holds the responsibility for the control of surface water quality at drinking intakes and at recreational zones.
It is worth mentioning that both institutions have no formal responsibilities pertaining to water resource planning, setting of water body environmental objectives(?), management of water quality, and management of river basins as hydrological/ecological unitsin an integrated way. Both institutions lack expertise in river basin planning and water quality management. The National Water Policy[4], developed by the Water Management Concern “Apele Moldovei”, calls for establishing of river basin authorities (river basin committees, which should aggregate shared interests of national/local stakeholders and water users in setting of water use objectives and preparation of river basin management plans), but no on-ground mechanisms, regulations, rules or procedures for such authorities are developed yet.
The quality of surface water resources in Moldova clearly imposes the need for a reform in the legal, institutional and normative frameworks. Water quality standards need to be revised in the lightof the international best practices and domestic capabilities to technically feasible and enforceablelevels,striking a balance between what is desirable from an environmental point of view and what is feasible from a technical and economic standpoint. The new system of SWQS is crucial for sustainable use of natural resources, an efficient decision-making, based on risk management and differentiated by geographical location and water-use categories of water bodies. In this way, Moldova would retain the flexibility to apply achievable and affordable environmental objectives for planning purposes, while being able to adopt the European Union requirements, taking into consideration the natural environment and the monitoring capacity available.
Part II. Strategy
The project falls under the two UNDP priority areas of Achieving the MDGs and reducing human poverty and Fostering Democratic Governanceand aimsatmaking a contribution under the Multi Year Funding Framework[5]Service Line 3.1 - Frameworks and strategies for sustainable development, with particular focus on fostering the convergence with EU water quality standards in Moldova and creating premises for improved water governance and improved quality of surface water resources.
The project’s objective is to implement the principle of risk management in Moldova’s environmental regulation and converge with the EU water quality legislation by making the water quality objectives and standards fairer, more feasible economically and realistic.
The project will focus on the reform of the system of surface water quality classification in Moldova and implementation of new sets of surface water quality standards (SWQS) for each use-based (?)class, consistent with the EU Water Framework Directive and earlier EU Directives which defined particular quality requirements for certain pollution parameters and user categories of surface water bodies.
The project will support the creation of an enabling environment for the implementation of the new SWQS, which will establish realistic and achievable standards of water quality. This willhelp to build trust and cooperation between controlling agencies and users and will promote a constructive approach towards improvingthe quality of surface water resources.
Equally the project will work towards building capacity of main stakeholders (environmental and water management authorities, controlling agencies, local public authorities and various water users) for the implementation of the new SWQS and increasing their awareness regarding the benefits brought by the system in terms of planning and achieving environmental quality objectives through several streams of activities covering review and upgrading of legal and normative acts, stakeholders analysis, training activities, involvement of NGOs and private sector in piloting water quality improvement, improved access to information etc.
The main expected tangible project result is formulation and establishing of sustainable platform for further implementationof a new national SWQS system, approximated to the EU water quality requirements andin line with EU Water Framework Directive and Integrated Water Resource Management (IWRM) concept through sustained broad stakeholders’ dialogue and participation.
Since the new SWQS system tends to some liberalization in the water quality standards, although it will not necessarily make the standards less stringent in every case, but will make them fair and more understandable to the regulated community, it is necessary to make worth while efforts to increase awareness of regulatory and controlling agencies about medium- and long-term benefits of such an approach. The main principle to be promoted is the risk to human health/environment and respectively the number of polluting substances regulated should be limited to those that pose the greatest risk to human health and/or the environment and that can be effectively monitored with the limited technical capacity and human resources available.It is important that the new SWQS provides enough flexibility in water quality management and reflect water-use and water bodies’ environmental objectives through openingperspectives for more technically feasible, affordable and low-cost opportunities insanitation and wastewater treatment, particularly in villages and poorest regions in the country.Opposite to the current SWQS system, the new one should be adequately enforced. This will require that policy and management tools,as a package,are developed and promoted for approval. Respectively, relevant skills will be developed for their use through training and active dialogue among stakeholders.
The main partners within this project are the Ministry of Ecology and Natural Resources and the Water Management Concern “Apele Moldovei”. Both institutions are dealing with water resources management and their efforts towards convergence with the EU water environmental requirements should be well coordinated and integrated. It is vitally important that both institutions agree on nomination of responsible department(s) and staff (either within the Ministry of Ecology and Natural Resources, either within “Apele Moldovei”) which will be the mainholder of project results and will be in charge with further with coordination and implementation of the new SWQS system in the country.The commitment of the Government of Moldova to agree on the above mentioned arrangement, which will ensure the sustainability of projects outcomes and ensure further developmentof the new SWQS system, should be treated as a condition for the project approval.
The project is focusing only on the surface water quality issues but itshould be considered as an entry point for the implementation of Integrated Water Resource Managementand as a valuable contribution to strengthening of water governancein Moldova.
The project consists of three main components:
Component1: Developing a new SurfaceWater Quality Standards (SWQS) system through a wide consultation process
Through a broad stakeholders’ dialogue, a new SWQS system will be elaborated and tested. Policy and technical documentation, supporting further implementation of the SWQS will be elaborated. The following activities are foreseen under this component:
1.1. Astakeholders’ analysis will be undertaken to identify major players/partners, their concerns and roles, capacitiesand expectations from new SWQS (at the stages of SWQS system development and further implementation/enforcement). The pull of stakeholders to be analysed will include different levels of governmental agencies, public authorities, academic and research community, NGOs, water users, private sector and general public at national, regional and local levels. Astakeholders’ analysis report, a strategy for stakeholders’ participation and recommendations for removing obstacles/barriers will be prepared.
1.2. In parallel, the relevant EU water Directives will be analyzed in the context of their applicability to the new national SWQS system in Moldova. The experience and progress registered by the neighboring countries, in convergence of water quality requirements with the EU standards will be analyzed. Recommendations, results and lesson learned from prior and on-going assistance in Moldova will be captured and adopted in the process of formulation of the new SWQS system. It is important to organize a study tour for few senior water managers and key national specialists in one of EU country, experienced in application of water quality classification system, and in one of new EU member country or candidate (Romania,Baltic states) which made already concrete steps towards the approximation with the EU surface water standards system.The report of respective findings will be prepared.
1.3. The project team, comprising international and long-, short-term national consultants, will work out the concept of new SWQS system, based on findings and recommendations elaborated within the TACIS project “Support to the Implementation of Environmental Policies and NEAPs in the NIS” (2003) and in line with European Water Framework Directive and its technical guidelines. The conceptual version of the new SWQSwill includeat leastthe following components (but not restricted to proposed ones):(i) requirements for differentiation of water bodies, (ii) system for description of water bodies typology, (iii) modus (?) for identification of significant hydro morphological and water quality modifications, (iv) rules for analysis of pressures and impacts, (v) requirements for designation of artificial, heavily modified and quazi-natural water bodies (vi) definitions of water-use categories, (vii) water quality requirements for each water-use category including water quality classification system linked with list of water quality parameters, its numerical values and priority substances for monitoring and enforcement, (viii) regulations for point sources effluent discharge limits, (ix) approaches for diffuse pollution sources regulations, (x) monitoring requirements, etc.