The present report describes and analyzes the legal and regulatory frameworks for ecological and environmental flows (eflows) in six European countries. This analysis contributes to an improved understanding of national policies and challenges for setting up and implementing eflows in Europe.

National Policy Development

The six studied countries face different challenges in implementing eflows, largely due to varying degrees of policy development on this topic:

• France, Spain, and Romania: Eflows requirements are already embedded in national legislation. However, while France and Spain have a longer history of developing and implementing eflows, Romania's eflows policy framework was only recently established.
• England: Although eflows are not defined in national law, a well-defined eflows indicator is used by competent agencies in River Basin Management Plans (RBMPs).
• Finland and Sweden: These countries currently lack specific definitions and methodologies for eflows in their national legislation.

Challenges for eflows legal and regulatory frameworks

The report highlights main challenges for the implementation of eflows regulatory frameworks in the six studied countries.

• In European countries with less advanced legal frameworks on eflows, the development of clear eflows methodologies and regulatory instruments to include eflows in water permits is crucial for progress.
• In contrast, countries with more advanced legal frameworks still face challenges in terms of scientific knowledge gaps. There is a need to adapt regulations and methods to more holistic approaches, considering factors such as high water events (floods) and increasing hydrologic variability due to climate change. Also, resources and legal provisions for the monitoring and enforcement of eflows need to be strengthened across the board.
• A further challenge in national regulatory frameworks lies in existing water rights and permits and the extent and timeframe in which these can be reviewed to introduce eflows.
• The declining water availability and increasing variability of the flow regime under climate change pose further challenges to the implementation of eflows in Europe.
• Implementing eflows often faces opposition from significant water users.
• Finally, there is a need for better coordination of eflows with sectoral planning processes and options for compensating affected stakeholders.