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A co m p ar i so n b e t w een
Fr ench & Ch inese Lega l Sys t em s in t e rm s o f
I n t eg r a t ed W a t e r Resou r ces M anagem en t
PRESENTED BY :Xiao l iu YANG,Pr o fessor , Pek in g Un iv e rs i t y
A u t h o r s :
- M r . Xi ao l i u YA NG, Pr o fessor a t Pek ing Un iv ers i t y- Mr . Jean- Fr ano i s DONZI ER, Pe rm anen t Secre t a r y o f I N BO- Mrs . Cor a l i e NOEL, D epu t y t o Pe rm anen t Secre t a r y o f I N BO
A st u d y co n d u ct e d w i t h t h e I n t er n a t i o n al
Net w o r k o f Basin Or gan i za t i ons ( I NBO)
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188 members in 68 countries
w w w . i n b o - n e w s . o r g
Ope r a ted by t he
I n t e r n a t i o n a lOf f i ce fo r W ate r( Par i s , Fr ance)
A st u d y co n d u ct e d w i t h t h e I n t er n a t i o n al
Net w o r k o f Basin Or g an i za t i ons ( I NBO)
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Objective of the study
Compare the legal systems for water
management between France and China
Focus on integrated water resources
management
45 years of river basin management in France +
implementation of the European WaterFramework Directive : how this experience canbe transferred to China?
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Institutional frame (1/3)
65 millions inhab.
26 regions, 101 departments,36 700 municipalities
Decentralization process since
19th century
Since 1800 (Napoleon) : Staterepresentative in eachdepartment = Prefect
deconcentralized Stateservices
1982, Decentralization Law:Responsibilities transferred to
Departments and Regionsbecoming autonomouscommunities
1,3 billion inhab.
33 provinces (each from 10 to 80milllion inhab)
Centralized State power but
subsidiarity to lower Provincial levels
Decentralization process since the80s
Provincial and municipalgovernments can establish their ownlegal systems leads to differencesin implementation and coordinationproblems
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Institutional frame (2/3)
Water is a common nationalheritage and belongs tonobody, including the Stateitself
State : only a regulating andcontrolling role
Decentralized watermanagement
- At municipality level fordrinking water supply andsanitation utilities
- At river basin level for waterresources
State ownership of waterdefined in the Constitution
Right to use water must beauthorized by the centralgovernment
Provincial and lower levels ofgovernment can not decide forwater allocation
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Institutional frame (3/3)
Competent ministry: Ministry ofEcology merging different
sectors (cross-sectoralapproach)
Inter-ministerial coordination
- At national level: Inter-Ministerial Mission for Waterunder the Prime Minister
- At local level : inter-servicesmission for water under thePrefect of Department
Competent Ministry : Ministry of WaterResources
But a number of ministries andbureaus involved in water policy (9water departments)
Complicated mechanisms
Overlapping and fragmentation ofresponsibilities between ministries
Insufficient coordination, inconsistentpolicy
Regional variation on interpretation &
implementation
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Legislation
1964 Water Law : founder law of basin management, creation of basininstitutions (Basin Committee for dialogue between users, Water Agency for
funding), cost recovery principle (PP principle)
1984 Fishing Law : ecological minimal flow imposed to dam managers tosustain aquatic ecosystems
1992 Water Law : planning documents at river basin level, overallmanagement of all waters, balanced management between uses with apriority for drinking water supply
2000 European Water Framework Directive : common objectives, methods
and deadlines for the 27 Member States of EU ; achieving a good status ofwaters in 2015 ; applying river basin management to all EU countries
2006 Water and Aquatic Environment Law : updating in financing system ofWater Agencies, creation of the National Agency for Water and Aquatic
Environment
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Legislation
2002 Water Law of the Peoples republic of China (on the basis of an olderlaw of 1988) : key law defining nature of water management in China
water allocation, rights and permits, river basin management, water use
efficiency, protection of water resources from pollution for the first time in China, the 2002 law defines river basin managementinstitutions, requires planning and cost recovery
1997 Flood Control Law 1996 Law on Prevention and Control of Water Pollution 1999 Marine Environmental Protection Law
Translation of central government laws into each provincial legislation+ own provincial regulations : regional differences in the implementation
Conflicts between ministries over policymaking & implementation
Difficulty to enforce the laws on water pollution control and water allocationto urban & rural water users
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River basin management
in France Established by the 1964 Water
Law
Coordination of State policyand State services in eachlarge river basin : BasinCoordinating Prefect
Financially autonomous WaterAgencies with 2 levers foraction (incentive through watertaxes, financial assistancethrough redistribution of funds)
Multiyear planning throughmanagement plans for largeriver basin and sub-basins
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MultiMulti--year management plans : legal status, elaborated in ayear management plans : legal status, elaborated in a concerted wayconcerted way
with all userswith all users, endorsed by the State representatives, endorsed by the State representatives
Large bas inLarge bas in
RI VER BASI N COMMI TTEERI VER BASI N COMMI TTEE
W a t e r Man a g em e n tW a t e r Man a g em e n tMast er Plan ( SDAGE)Mast er Plan ( SDAGE)
Su bSu b -- bas inbas in
LOCAL W ATER COMMI SSI ONLOCAL W ATER COMMI SSI ON
W a t e r Man a g em e n tW a t e r Man a g em e n t
Plan ( SAGE)Plan ( SAGE)
Concerted water planning
at 3 levels
NATI ONAL W ATERCOMMI TTEE
Adv ice on d ra f t l aw s ,
re f o rm s, n a t i o n a lact i on p lans
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Rive r Basin I ns t i t u t i onsinvo l v i ng u se r s
Basin Com m i t t ee : a " W a t e r Pa r l i am e n t "
W at e r Agency : a f i nanci ng i ns t i t u t i ona t r i ve r bas in l eve l
W a te r cha rgesW ate r cha rges
(water consumption,(water consumption, pollution, ))
CC
CC
Elected officialsElected officials
StakeholdersStakeholders
State representativesState representatives
I m p lem en t a t i on ofPo l lu t e r payspr inc ip le
Fin an c ial ac t io np r o g r am m es ( 6 y e ar s) 12 billion euros (2009-2015)
Financial support to WFDprogrammes of measures
Sub sid ies ( g r an t s & l oans)Sub sid ies ( g r an t s & l oans)
(treatments, river restoration,(treatments, river restoration, ))
Red is t r i bu t ion
accord in g t op r i o r i t i es i n t hebas in
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River basin management
in China Supported by the 2002 Water
Law
Combination between riverbasin administratiion andadministrative divisionadministration
Centralized top-down process
7 River Basin Commissionsunder the Ministry of Water
Resourcesriver basin planning, floodcontrol, water allocation, waterprotection, soil conservation,management and construction
projects
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Water planning
2002 Water Law :
- National strategic planning- River basin planning- Regional planning- Mid and long-term plan for demand and supply of water
- Masterplan for integrated management of waterenvironment
- Annual water allocation plans
River basin management holds today a high position inChinas water policy system with specific targets in thenational 5-year plan for environmental protection 2006-2010
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Information and participation
General access to documents,documentation service in each WaterAgency, National Water InformationSystem made available on Internet
Active participation of allstakeholders (national watercommittee, river basin committees,
local water commissions,consultative commissions of usersfor water supply & sanitation utilities)
Consultation procedures of thegeneral public for projects having
environmental impacts
Consultation procedures of thegeneral public for the elaboration ofriver basin management plans(European Directive) : 3 consultationsteps of 6 months each withquestionnaires and public debates
Only consultation proceduresof govermental agencies and
lower administrative levels
No provision for consultation ofstakeholders & general public
Environmental ImpactAssessment Law (2002) allowsthe public to have access toEIA reports but reluctance ofadministrative bureaus and
local officials
Lack of public participation andtransparency, leading to a lackof support from the public towater policy
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Water permitting system
Water Police :
Authorization (or not) of activities forall abstractions and dischargesaccording to the impacts and thevulnerability of the environment
Decision made by the localgovernment (Prefect) aftercoordination between alladministrations concerned
Compliance control with regulations :controllers making reports andsanctions when infringements, penalsanctions by the judge for seriouscases
Permits also required for the rightto use water
Local government has no right toallocate or dispose of waters
Water belongs to the State whichimplements a system combiningcontrol of total water quantity &
management by quota Critical importance because of
droughts. Example: waterallocation plan for the Yellow River
Quotas for industrial water use
A new system of water usepermits and payments is to beimplemented by the State
Total load control permit systemfor wastewater discharge by firms,close down policy for seriouspolluters
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Financing
Specific financial resources forwater collected by WaterAgencies (polluter paysprinciple) : water pays forwater
Multi-year investment program
: Action Plan of the WaterAgency supports investmentsto reduce pollution andpreserve aquatic environments
Current evolution towards amore cost-effective logic andenvironmental logic(optimizing the investment ofeach euro, reaching the goodwater status of the WFD)
Funds transfered from ncentralgovernment to river basinorganizations allowing theirdevelopment
But lack of basin fundingmechanism
2007 : environmentalprotection included as budgetitem in national public finance significant progress in publicfinance for the environment
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Water pricing
Average: 3 euros/m3 (1,5 USD) 0,8 % of household budget
Water bill: a fixed part (coversfixed costs) + a variable part(proportional to consumption)
The water price includes thecost of the drinking water supply& sanitation services + watertaxes levied by Water Agencies
7 different water taxes tointegrate environmental cost,but level of water taxes remainslow for agriculture (politicalissue
New 2002 Water Law
reform of water pricingfrom free/cheap pricing in
the collective era tocommodity pricing
increase in water price
4,5 Yuan / m3 (0,55 USD)for Beijing, one of thehighest in China
1,8 Yuan/m3 (0,22 USD)in Kunming
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Concluding remarks Development of regulations and financial tools in China,
but implementation of IWRM and river basin
management faces many challenges
Issues to be improved: clarification of responsibilities between ministries, cross-sectoral
coordination, basin-wide structures and systems reinforce polluter-pays principle basin funding mechanisms stakeholder and public participation
Usefulness of a partnership for capacity building withInternational Office for Water and INBO within theEU/China River Basin Management Program
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Thank you for your attention!The complete study is available on
www.inbo-news.org