translating the unece water convention into practise: concluding agreements and establishing joint...
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2nd African Regional Targeted Workshop For GEF IW Projects & Partners Addis Ababa, Ethiopia 12 – 14 Nov 2012 Werner WahlissTRANSCRIPT
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Bavarian State Ministry of the Environment and Public Health
Werner Wahliss
Translating the UNECE Water Convention into Practise:
Concluding Agreements and Establishing Joint Bodies
2nd African Regional Targeted WorkshopFor GEF IW Projects & Partners Addis Ababa, Ethiopia 12 – 14 Nov 2012
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Bavarian State Ministry of the Environment and Public Health
Article 9 of the UNECE Water Convention:
The riparian parties shall enter into bilateral or multilateral agreements or other arrangements … for the establishment of joint bodies.
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Bavarian State Ministry of the Environment and Public Health
Two International River Basin Commissions
Danube River Basin The most international in the world 18 countries 81 million inhabitants 801.463 km2 area 10 % of EU area 2.780 km river length
Danube River Basin The most international in the world 18 countries 81 million inhabitants 801.463 km2 area 10 % of EU area 2.780 km river length
Rhine River Basin9 countries sharing 58 million inhabitants 200.000 km2 area 825 km navigableDrinking water resource for 30 million people
Rhine River Basin9 countries sharing 58 million inhabitants 200.000 km2 area 825 km navigableDrinking water resource for 30 million people
Europeanriver basinsRed: internationalGreen: national
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Bavarian State Ministry of the Environment and Public Health
International Commission for the protection of the Rhine Foundation 1950
6 ICPR - Parties:- Germany - France- Luxemburg- Netherlands- Switzerland (non EU)- European Union
Since 2001 co-operation under the EU Water Framework Directive with:- Austria - Belgium (Wallonia)- Fürstentum Liechtenstein (non EU)
ICPR
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Bavarian State Ministry of the Environment and Public Health
Folie: 5
ICPR – OrganisationMinisterial Conferences
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Bavarian State Ministry of the Environment and Public Health
Legal Basis, Competences and Capacities
International River Basin Commission = Agency
•Legal basis: a treaty, an agreement•Budget given by agreement of parties•Tasks: Working programme given by agreement of the parties
National Administrations = Authorities
•Legal basis: national act of law•Budget given by parliament •Tasks: implementation and enforcement of water law
CompetencesCapacities
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Bavarian State Ministry of the Environment and Public Health
Main Working Topics of the ICPR
1 Water qualityCleaning communal and industrial sewage (historical No. 1 topic)
Prevention of accidental industrial pollution
Diffuse pollution of waters by nutrients and pesticides from agriculture
Water temperature regime (use of cooling water for power plants)
Quality of river water used as raw water for processing drinking water.
River basin management plan according to the EU WFD
2 Water quantity Flood protection
Possible future change of flow regime due to climate change.
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Bavarian State Ministry of the Environment and Public Health
ICPR – Working Programme:
Reintroduction of the Salmon in the River Rhine Basin
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Bavarian State Ministry of the Environment and Public Health
Lake Constance International Commission:Reducing Eutrophication by Phosphorus
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Bavarian State Ministry of the Environment and Public Health
Joint body – an `umbrella term´ – means any bilateral or multilateral
commission or other appropriate institutional arrangements for
cooperation
Obligation (not recommendation) to establish joint bodies
Joint bodies have a key role of as main vehicle of cooperation
Joint bodies have key tasks (exchange of data and information, joint monitoring, mutual assistance, early warning systems, etc.) but Parties may entrust additional tasks
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Bavarian State Ministry of the Environment and Public Health
Provisions for the members of the Convention:
An institutional mechanism with Meeting of the Parties, permanent
secretariat, working groups and activities on the ground
Exchange of experience between joint bodies and promotion of good
practice at various meetings under the Convention
Best practices and experience are summarized in the Convention’s
publications (e. g. “River basin commissions…” ).
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Bavarian State Ministry of the Environment and Public Health
Annex: Topics for Discussion
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Bavarian State Ministry of the Environment and Public Health
Folie: 13
National sub-basin organisation:
German Association for the Rhine (FGG Rhein)
German Federal Ministries
of• Environment (BMU)• Navigation (BMVBS)State Ministries of Environment of eight German States:• Baden-Württemberg• Bayern• Hessen• Niedersachsen• Nordrhein-Westfalen• Rheinland-Pfalz• Saarland• Thüringen
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Bavarian State Ministry of the Environment and Public Health
Danube River Basin
Danube River Basin
The most international river basin in the world
18 countries – 13 riparian
81 million inhabitants
10 % of EU area
801.463 km2 River Basin
2.780 km river length
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Bavarian State Ministry of the Environment and Public Health
River Basin Management
Expert Group
EG:MonitoringAssessment
EG: PressuresMeasures
EG: Flood
Sava Sub-Basin
GIS
Standing Working Group
Danube
Delta
Tisza Sub-Basin
Prut Sub-Basin
Further Sub-
Basins
PP
Intern. Com. for the Protection of the Danube River ICPDR
SEG
1989: Danube River Protection Convention
Ministerial Meetings
Secretariat
Mem
ber
Sta
tes
+ E
U-C
om
mis
sion
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Bavarian State Ministry of the Environment and Public Health
Bilateral Commissions for Water Management
Austria - Germany:Permanent Commission on Water According to the Regensburg-Treaty with Austria on cooperation in water management in the Danube River Basin Legal Basis: Treaty GE – AT 1987.
Czech Republic - Germany:German-Czech Commission on transboundary waters with two permanent expert boards and a secretariatLegal Basis: Treaty GE – CZ 1995.
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Bavarian State Ministry of the Environment and Public Health
Thermal Artesian Water:An aquifer shared by Germany and Austria
Water Abstraction in Mio m³/a
Thermal water heating
Bathing water in spas
Obernberg
0,3
2,0
0,9
3,2
1,91,00,2
0,4
0,1
0,2
0,1
0,6
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Bavarian State Ministry of the Environment and Public Health
Decision-making and Conflict Resolution Voting procedure:
Each party has one vote
Unanimous decisions (ICPDR: Quorum at ¾ of parties attendant and decision with 4/5 majority of the attendees)
abstention is possible and not conflicting unanimity
Absence means abstention
Resolution of conflicts about the interpretation of the Agreement:
Negotiations in order to settle the dispute (e.g. ICPDR: 12 month)
By application of one party: Convention of an arbitration court with three members(one of each party and an umpire assigned by both parties); decision by majority.
Decision making according to law of nations and the text of the convention.
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Bavarian State Ministry of the Environment and Public Health
What makes international river management a success?
Multilayer - concept of institutional and legislative arrangements addressing water management on as many levels as possible:
UNECE Water Convention
Supranational water law (e. g. EU water directives)
International multilateral river basin commissions
International bilateral river basin commissions and treaties
National water law
National river basin associations (interregional)
National water authorities
Regional / communal water authorities.
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Bavarian State Ministry of the Environment and Public Health
Some Conclusions
Management of shared water resources:
Basis: A political decision or legal obligation for international co-operation
Legal arrangements: Treaties, agreements, conventions
Formation of institutions: River basin organizations, bi-lateral commissions
Technical capacities: Monitoring, planning, principles & standards, measures
Controlling and enforcement mechanisms: Monitoring, authorities, legislation.
Management principles of subsidiary:
Address problems at the lowest possible institutional and regional level
Make decisions as close as possible to the locations and people affected
Take measures adjusted to regional and local conditions.
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Bavarian State Ministry of the Environment and Public Health
Folie: 21
International Commission for the Protection of the Rhine ICPR
International Commission for the Protection of the Lake Constance (Bodensee) IGKB
International Commissions for the Protection of the Rivers Mosel and Saar IKSMS(international tributaries of the river Rhine)
Central Commission for the Navigation of the Rhine ZKR
3 International Organisations in the Rhine Basin
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Bavarian State Ministry of the Environment and Public Health
Basin shared by 9 countries:Germany, Switzerland, France, Netherlands, Italy, Austria, Liechtenstein, Luxemburg, Belgium
- 3rd biggest European river - catchment 200.000 km²- main stream 1320 km- navigable length 825 km- 58 million inhabitants- drinking water supply for 30 million
River Rhine
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Bavarian State Ministry of the Environment and Public Health
International River Basinsin Europe