0 Bavarian State Ministry of the Environment and Public Health Werner Wahliss Translating the UNECE Water Convention into Practise: Concluding Agreements and Establishing Joint Bodies 2 nd African Regional Targeted Workshop For GEF IW Projects & Partners Addis Ababa, Ethiopia 12 – 14 Nov 2012

1 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.

2 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  km 2 area  10 % of EU area  km river length Danube River Basin The most international in the world 18 countries  81 million inhabitants  km 2 area  10 % of EU area  km river length Rhine River Basin 9 countries sharing  58 million inhabitants  km 2 area  825 km navigable Drinking water resource for 30 million people Rhine River Basin 9 countries sharing  58 million inhabitants  km 2 area  825 km navigable Drinking water resource for 30 million people European river basins Red: international Green: national

3 Bavarian State Ministry of the Environment and Public Health International Commission for the protection of the Rhine Foundation 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

4 Bavarian State Ministry of the Environment and Public Health Folie: 4 ICPR – Organisation Ministerial Conferences

5 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

6 Bavarian State Ministry of the Environment and Public Health Main Working Topics of the ICPR 1 Water quality  Cleaning 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.

7 Bavarian State Ministry of the Environment and Public Health ICPR – Working Programme: Reintroduction of the Salmon in the River Rhine Basin

8 Bavarian State Ministry of the Environment and Public Health Lake Constance International Commission: Reducing Eutrophication by Phosphorus

9 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

10 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…” ).

11 Bavarian State Ministry of the Environment and Public Health Annex: Topics for Discussion

12 Bavarian State Ministry of the Environment and Public Health Folie: 12 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

13 Bavarian State Ministry of the Environment and Public Health Danube River Basin The most international river basin in the world  18 countries – 13 riparian  81 million inhabitants  10 % of EU area  km 2 River Basin  km river length

14 Bavarian State Ministry of the Environment and Public Health River Basin Management Expert Group EG:Monitoring Assessment EG: Pressures Measures 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 Member States + EU-Commission

15 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 Czech Republic - Germany: German-Czech Commission on transboundary waters with two permanent expert boards and a secretariat Legal Basis: Treaty GE – CZ 1995.

16 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 1,9 1,0 0,2 0,4 0,1 0,2 0,1 0,6

17 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.

18 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.

19 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.

20 Bavarian State Ministry of the Environment and Public Health Folie: 20 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

21 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 km² - main stream 1320 km - navigable length 825 km - 58 million inhabitants - drinking water supply for 30 million River Rhine

22 Bavarian State Ministry of the Environment and Public Health International River Basins in Europe