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Transboundary River Basin Management
Institutional and Public Participation Aspects,
Chisinau, 12 -13 May 2006
Public Participation - Key element of EU Water
Policy
Nicole Kranz Ecologic - Institute for
International and European Environmental
Policy Berlin - Brussels
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Outline

• Historical aspects
• International developments
• Water Framework Directive
• Implementation Focus Germany
• Observations
• Challenges
• Best practice

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History

• Early beginnings
• Water management one of the first environmental
  policy areas to consider interests of
  stakeholders
• Collective management of water resources
• Spain water scarcity
• Netherlands protection against flooding
• Germany mill authorizations
• Involvement of the public dependent on overall
  political climate and cultural landscape

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History

• Relevant processes in the past 20 years
• Development of public awareness for threats to
  the environment
• Emerging citizens movement in reaction
• Creation of environmental NGOs
• Institutionalization of public participation in
  integrated planning procedures
• BUT
• Situation varies across EU
• Challenges and shortcomings still exist

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International Developments

• Aarhus Convention
• Signed 1998, entry into force 2001
• Influences EU and national policy-making
• Three pillars

Access to information Art. 4 5
Public participation in decisions (plans
and programs) Art. 6 - 8
Access to justice Art. 9
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European Union - WFD

• Preamble 14
• Success of WFD directly depends on a successful
  implementation of PP
• Preamble 46
• Importance of timely information....before
  decisions are taken
• Report on progress

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European Union - WFD

• Article 14 Public Information and Consultation
• ? Approach inspired by Aarhus
• Foundation Information
• Consultation during the planning process
• Active involvement

To be guaranteed
To be encouraged
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Water Framework Directive

• Article 14 Consultation
• 12/06 timetable for the production of the RBMP
  incl. PP
• 12/07 interim overview of significant
  management issues
• 12/08 draft copies of RBMP
• Final RBMP contains

6 months for comments in writing from public
6 months for comments in writing from public
6 months for comments in writing from public
Summary of public information measures taken,
their results and changes to the plan made as a
consequence
Contact points and procedures for obtaining
background documentation and information, details
on measures and monitoring data
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Water Framework Directive

• Whats new?
• active involvement
• ...from the beginning

Self determination
Co-Decision-making
Challenge for water managers
Active involvement
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Support with Implementation

• EU level CIS - Working group (until 12/02)
• Guidance on Public Participation in the WFD
• Explanations Art. 14 and recommendations
• Instruments and techniques
• Case studies
• Germany Länder Working Group Water (LAWA)
• Guideline for the implementation of the WFD
• Updated continually
• Contains references to PP

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Functions of PP

• Improving policy-making
• Increasing transparency in decision-making
• Increasing the efficiency of the implementation
  of planning decisions
• Improving the acceptance of decisions by
  stakeholder groups
• Creation of awareness for environmental issues
• Social learning
• Using existing experience of stakeholder groups

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The public

• Aarhus Convention
• WFD considers
• organized public
• interest groups industry, fisheries, agriculture
• special role environment NGOs
• general public
• interested parties (Art. 14) public

Article 2 (4) The public means one or more
natural or legal persons, and, in accordance
with national legislation or practice, their
associations, organizations or groups
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Implementation

• Multi-dimensional process variety of approaches

Country Level
River Basins
Local Level
Actors
Themes
Goal
Process
Good ecological status
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Examples

• International level
• International river basin beyond German borders
• Decisions need to be taken in co-ordination with
  neighbors
• International commissions
• Stakeholders participation starting at this level
• Different cultures and approaches need to be
  aligned

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Examples from Germany

• North Rhine-Westphalia
• Stakeholder structure

Länder Authorities
...
Environment NGOs
Agriculture Fisheries
Industry
Water Associations
Municipalities
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Examples from Germany

• North Rhine-Westphalia
• Länder level
• Advisory council, implementation of the WFD
• Working group on PP
• NRW-Guidance on PP (status analysis)
• River basin level
• Local environment agencies
• Working groups ? interest groups, organized
  stakeholders
• Fora ? information of the public

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Examples from Germany

• Schleswig-Holstein
• Working groups in 30 river basin districts
• Lead Water and Soil Associations (!)
• Participants
• Representatives of municipalities
• Authorities
• Associations of agriculture, industry, fisheries
• Themes
• Status analysis
• Data collection

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Examples from Germany

• Local Level
• Strong link to Local Agenda 21
• Role of water associations
• Possibility to reach general public
• Hands-on experiences with river management
• Creating a stronger awareness for water
  management issues

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Observations Germany

• Based on Ecologics work general considerations
• PP is responsibility of the Länder
• Competent authority for PP is the Länder Ministry
  for Environment (strategy)
• Water authorities ensure the implementation on
  the regional / local level
• Local initiatives bring river basin management
  closer to the people

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Observations / EU

• State-of-Play
• Different status of implementation
• Focus
• Information and consultation prevails, active
  involvement less frequent
• Concentration on status analysis with new
  challenges coming up
• Different approaches
• Set up of institutional structures
  (ad-hoc-process)
• Activities of stakeholders

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Challenges

• Creation of linkages
• Different actor and themes
• Different structures
• Transboundary co-ordination (national
  international)
• Creation of capacities
• Access to participatory approaches
• Support for participation
• Effectiveness of PP
• Legitimacy of representation

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Best Practice

• Early involvement
• Stakeholder analysis
• Wide range of stakeholders
• Clear rules for interaction
• Transparency
• Using existing potentials
• Successful public participation, better
  decisions, better environmental quality!

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Public Participation - Key element of EU Water
Policy
Nicole Kranz Ecologic - Institute for
International and European Environmental
Policy Berlin - Brussels
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Public Participation - Key element of EU Water
Policy
Nicole Kranz Ecologic - Institute for
International and European Environmental
Policy Berlin - Brussels