translating the unece water convention into practise: concluding agreements and establishing joint...

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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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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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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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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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Folie: 5

ICPR – OrganisationMinisterial Conferences

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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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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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ICPR – Working Programme:

Reintroduction of the Salmon in the River Rhine Basin

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Lake Constance International Commission:Reducing Eutrophication by Phosphorus

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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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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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Annex: Topics for Discussion

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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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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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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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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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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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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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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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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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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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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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International River Basinsin Europe

translating the unece water convention into practise: concluding agreements and establishing joint...

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