Existing Solutions

Transboundary river basin cooperation, Spain, Portugal, Albufeira Convention

policy

Portugal and Spain share five river basins – Minho, Lima, Douro, Tagus and Guadiana – and for this particular situation the two countries have developed cooperation mechanisms on water management.

The Portuguese-Spanish relations concerning water management date back to the 19th century. However, it was only from 1994 onwards that significant steps were taken to advance bilateral cooperation in the field of transboundary river basin management.  At that time, negotiations were started on the Convention on Cooperation for the Protection and Sustainable Use of Waters in Portuguese-Spanish River Basins (Albufeira Convention), which culminated in the signing of the Convention in 1998 and its entry into force in 2000.

This Convention is notable for extending the scope and reach of Portuguese-Spanish relations in matters relating to waters, not only broadening the geographical scope to include all areas within the river basins, but also introducing innovative substantive issues such as environmental concerns.

The Convention of Albufeira determines the river basin as the unit of reference for study, planning and management of the water, covering both surface water and groundwater and related ecosystems within the surrounding waters. This bilateral Convention creates mechanisms that allow for a more open and participatory management of traditional users and new actors, The Albufeira Convention is also in line with the most relevant international water Conventions and with the European Water Framework Directive.

In 2008, an Additional Protocol to the Convention was signed changing the criteria for the assessment of the flow regime, improving their time allocation, contemplating a seasonal regime alongside the annual one, thus assuring a better environmental sustainability of the shared rivers.

A file with a map of the Portuguese-Spanish River Basins is attached.

Shared basins correspond respectively to 64 and to 42% of Portugal’s and Spain’s mainland. Over 60% of the border coincides with river beds, particularly the main rivers of the relevant basins.

Except for the final stretch of the Guadiana the Spanish territory occupies the upper part of these five shared basins, meaning that Portugal is at the downstream.

The Portuguese and Spanish Governments agreed in 1998 to sign the Albufeira Convention following a common wish to broaden the already existent cooperation on river basin management.

The peer bodies of the Convention are the Conference of the Parties and the Commission for the Application and Development of the Convention (CADC). The Conference of the Parties gives the political input to this cooperation.

 The CADC is the operative body of the Convention and gathers representatives of the most relevant government sectors concerning water management, both Portuguese and Spanish. Under the CADC are the working groups where experts from both countries meet and discuss technical issues.

After 12 years in force, the Albufeira Convention is an important reference for water management issues between Portugal and Spain. Two Conferences of the Parties have taken place –in 2005 and 2008 – and CADC has been playing a very important role through the promotion of dialogue and regular contacts between the authorities of both countries and facilitating plenary sessions every two years.

The management of the Portuguese-Spanish river basins has been a co-work of Portugal and Spain, through CADC and Conference of the Parties, in a transparent, strong and trustful way.

Although the previous agreements to the Albufeira Convention were established in order to harmonize the use of resources for the benefit of both nations, the nineties produced a set of circumstances that led to the conclusion that its scope was insufficient. Consequently, it was imperative to find an answer for coordinated actions in cases of droughts, and floods, and the definition of new criteria and actions for water use in order to guarantee its quality and sustainability. This institutional partnership was underpinned by the need for Member States to coordinate the necessary administrative arrangements within river basin districts regardless of having them within their national territory or not, as is now mandatory under the Water Framework Directive.

An important added-value of the Albufeira Convention is the promotion of regular contacts between the authorities of both countries, not only at the technical level but also at the decision-making level. This has allowed for every issue to be tackled in a fast and coordinated way through the communication mechanisms created by the Convention.

Having in mind the challenges brought by climate change, with serious consequences to water management, the Albufeira Convention makes the difference while bringing the authorities’ attention to essential aspects never focused before: the need to articulate solutions in case of floods and droughts, the need to develop cooperation in pollution control and transboundary impacts and the need to comply with the flow regime agreed. As water is essential for life and development, its sustainable management requires coordinated actions ensuring it continues playing a key role in the peace building process.

The Albufeira Convention uses mainly the existing administrative structure in Portugal and Spain. It also helps to minimize the bureaucratic chain as it brings the two countries’ administrations closer through its information exchange mechanism.

The Albufeira Convention defines flow regimes for the five transboundary river basins, with quantified objectives. Monitoring stations are placed in strategic locations and data is checked regularly according to what was agreed by both countries.

The Albufeira Convention has been in force for already 12 years and continues to be a case of successful cooperation in transboundary water management.

Water management is a very sensitive issue and when the resource is shared by more than one country real conflict may arise if countries do not agree to develop a strong and fruitful cooperation.

Although Portugal and Spain had already a long history of cooperation in the water sector, having signed several treaties and conventions, it was only with the Albufeira Convention that effective management of shared river basins became a reality. This Convention created a structure that facilitates the exchange of information and regular contact, which is crucial for the Parties to gain confidence in the process and in each other.

The Albufeira Convention is a reflection of the context of the nineties – the importance of environment concerns and climate change phenomena – but also a reflection of the Portuguese and Spanish specific characteristics and needs on a sustainable approach. It is important to underline that Portugal and Spain agreed on a flow regime for each river basin based on geographic, hydrologic, climatic and other natural characteristics, water requirements to ensure the good status of waters and the foreseeable uses suitable to a sustainable use of the water resources.

Our case is a good example that it is possible for border countries to agree on an harmonized and balanced regime for water management that protects both countries’ economic and social interests but also the use for future generations. The Albufeira Convention is also an excellent example on how to create an organized structure to assist the compliance and implementation of the agreed compromises.

Border countries with transboundary water management issues may look at this example as a good starting point While addressing specific problems, countries may be inspired by the structure of this Portuguese-Spanish Convention, the main concerns addressed, the quantified objectives approach and the mechanisms for a transparent and fruitful implementation.

The most important lesson learnt is the crucial role that communication plays in such a solution. Border countries need to maintain a regular meetings routine that is  supported by a working structure that allows for a good exchange of information on the technical and political level.. Thus, one may say that political will is already 80% of its success.

Concerning the structure, countries may use the existent administrative structure with some small adaptations at the human resources level as only the Secretariat of CADC is a full time body. The importance of having a proactive Secretariat, with the necessary means to take hold of all the administrative and technical responsibilities in a professional and coordinated way, requires some investment. In that sense, the Secretariat’s structure should have its own financial and human resources allocated.

Mobility for participation in meetings is an advantage in these cases, especially in the first years; however, it is also possible to arrange conference calls and videoconferences and facilitate communication this way.

When two or more countries agree, in good faith, to cooperate in the management of their shared river basins, it is already a success. The second step will be to find the right administrative support by which, each country, will perform the necessary tasks in order to implement the agreement, while coordinating with the other parties. Also very important is to use the organs created by the agreement to solve any problem or conflict that may arise so that this agreement may be respected as having its own strength and importance.

Ministry for Agriculture, Sea, Environment and Spatial Planning | Department for International Affairs:

Ms. Ana Sofia Almeida | ana.almeida@dpp.pt ; gri.ambiente@dpp.pt | +351 213231693